Presidential Decree No. 16-201 of 11 Chaoual 1437 corresponding to July 16, 2016 on the rules relating to the organization of the Constitutional Council.

The President of the Republic,

Having regard to the Constitution, in particular its articles 91-6°, 143 (1st paragraph), 182 and 183;

Having regard to Ordinance N° 06-03 of 19 Joumada Ethania 1427 corresponding to July 15, 2006 on the general statute of the civil service;

Having regard to Presidential Decree N° 89-143 of August 7, 1989, as amended and supplemented, on the rules relating to the organization of the Constitutional Council and the status of some of its staff;

Having regard to Presidential Decree N° 90-225 of 25 July 1990, as amended and supplemented, fixing the list of the higher functions of the State under the Presidency of the Republic;

Having regard to the Presidential Decree N° 99-240 of 17 Rajab 1420 corresponding to October 27, 1999 relating to the appointment to civil and military jobs of the State;

Having regard to Executive Decree N° 90-226 of 25 July 1990, as amended and supplemented, laying down the rights and obligations of workers exercising the superior functions of the State;

Having regard to Executive Decree N° 90-227 of 25 July 1990, as amended and supplemented, fixing the list of the higher functions of the State in respect of the administration of public institutions and bodies;

Having regard to Executive Decree N° 90-228 of 25 July 1990, as amended, setting the method of remuneration applicable to workers exercising the higher functions of the State;

Decrees:

Article 1. This decree determines the rules relating to the organization of the Constitutional Council.

Art 2. The seat of the Constitutional Council is fixed in Algiers.

Art 3. After their nomination or election, in accordance with Article 183 of the Constitution, the list of the members of the Constitutional Council shall be published in the Official Journal of the People's Democratic Republic of Algeria, after taking an oath in accordance with paragraph 6 of that Article, by presidential decree.

Art 4. Under the provisions of Article 183 of the Constitution, the President of the Constitutional Council newly appointed by the President of the Republic takes office, at the latest, one clear day, depending on the date of his installation.

Art 5. The death, resignation or permanent incapacity of the President of the Constitutional Council give rise to a deliberation of the Constitutional Council intervening under the chairmanship of the Vice-President or, in case of his incapacity, of the oldest member and of which notification is made to the President of the Republic.

In this case, the Vice-President takes over the presidency of the Constitutional Council until the appointment date of the new President.

Art 6. The renewal or replacement of the President of the Constitutional Council shall take place within fifteen (15) days preceding the expiry 1 of article 5 above.

Art. 7. - Under the authority of its president, the Constitutional Council has the following organs and structures:

- a general secretariat;

- a cabinet ;

- a center for studies and constitutional research;

- a Directorate of Documentation and Archives comprising two (2) subdirectories;

- a directorate of the general administration comprising three (3) sub-directions.

Art. 8. - Under the authority of the President of the Constitutional Council, the Secretary General shall take the necessary measures for the preparation and organization of the work of the Constitutional Council.

Art. 9. - The Center for Constitutional Studies and Research is an internal structure for reflection and proposal on constitutional law.

Its missions are:

- to develop research in the field of comparative constitutional law;

- to work to promote and disseminate the culture of constitutionality;

- to develop co-operation with universities and centers of study and research at home and abroad;

- carry out any studies and research of interest to the work of the Constitutional Council. It may, in this context, , appeal to any person

or body with proven expertise in the field.

The Center for Constitutional Studies and Research is headed by a Director General assisted by Directors of Studies and Research and Heads of Studies.

Art. 10. - Under the authority of the President of the Constitutional Council, the Director General of the Center for Studies and Constitutional Research animates and coordinates the activities of the Directors of Studies and Research.

Art. 11. - The internal organization of the organs and structures of the Constitutional Council, provided for in Article 7 above, shall be fixed by decision of the President of the Constitutional Council published in the Official Journal of the People's Democratic Republic of Algeria.

Art. 12. - The functions of Secretary General, Chief of Staff, Director General of the Center for Studies and Constitutional Research, Directors of Studies and Research, Directors, Deputy Directors and Heads of Studies at of the Constitutional Council are higher functions of the State.

The appointment to these functions takes place by presidential decree on the proposal of the President of the Constitutional Council.

Art. 13. - The classification and the remuneration of the higher functions, mentioned in article 12 above, are fixed by a particular text.

Art. 14. - The assessment of the manpower requirements and credits necessary for the functioning of the Constitutional Council is determined by the president of the Constitutional Council.

The draft budget of the Constitutional Council is communicated to the Government for inclusion in the budget law by the President of the Constitutional Council.

Art. 15. - The necessary funds for the functioning of the Constitutional Council are included in the common expenses of the general budget of the State.

The President of the Constitutional Council is the authorizing officer.

He may delegate his signature to the Secretary General as well as to any official responsible for the financial and accounting management of the Constitutional Council.

Art. 16. - The President of the Constitutional Council may, for the purposes of the services and within the limits of vacancies, recruit personnel governed by the provisions of Ordinance No. 06-03 of 19 Joumada Ethania 1427 corresponding to July 15 2006, referred to above.

Art. 17. - All provisions contrary to the present decree are repealed, in particular the provisions of the presidential decree n°89-143 of August 7th, 1989 relating to the rules relating to the organization of the Constitutional Council and the statute of some of its staff.

Art. 18. - This Decree shall be published in the Official Journal of the People's Democratic Republic of Algeria.

Done in Algiers, 11 Chaoual 1437 corresponding to July 16, 2016.

Abdelaziz BOUTEFLIKA