THE EXECUTIVE 

 Art. 39 - The executive power shall be vested in a Head of State who shall bear the title of President of the Republic.
    He shall be elected for a five-year term by universal, direct, and secret suffrage following his nomination by the Party.
    Any Muslim, of Algerian original nationality, aged at least 35 years, enjoying his civil and political rights, may be elected President of the Republic. 

 Art. 40 – Before he enter on the execution of his office, the President of the Republic shall take the following oath before the National Assembly:

 “Faithful to the principles of our Revolution and to the memory of the Martyrs, I do solemnly swear to God the Almighty that I will respect and defend the Constitution, preserve the integrity, the independence and the unity of the country, and will, to the best of my ability, safeguard the interests of the people and those of the People’s Democratic Republic of Algeria.”

 Art. 41 – Foreign ambassadors and special envoys shall be accredited to him.
On the proposal of the Minister of Foreign Affairs, he shall appoint ambassadors and special envoys.

Art. 42 – The President of the Republic shall sign and ratify, after consultation of the National Assembly, and order the execution of international treaties, conventions, and agreements.

Art. 43 – He shall be Commander in Chief of the armed forces of the Republic.

Art. 44 – The President of the Republic shall have power to declare war and conclude peace with the consent of the National Assembly.

Art. 45 – The President of the Republic shall head the Higher Council of Defence and the Higher Council of Magistracy.

Art. 46 – The President of the Republic shall have power to grant pardons after hearing the advice of the Higher Council of Magistracy.

Art. 47 – The President of the Republic shall only be accountable to the National Assembly. He shall appoint ministers, two-thirds of whom at least shall be selected among the deputies, and shall present them to the Assembly.

Art. 48 – The President of the Republic shall define and lead the policy of the Government, conduct and co-ordinate the internal and external policy of the country in conformity with the will of the people that is concretized by the Party and expressed by the national Assembly.

Art. 49 – The President of the Republic shall be in charge of the promulgation and publication of laws.
He shall promulgate laws within ten days following their forwarding by the National Assembly, and shall sign enforcement orders. The ten-day time limit may be reduced when the National Assembly shall request urgency.

Art. 50 – During the time set for the promulgation, the President of the Republic may request the National Assembly to proceed to a second deliberation by sending a message stating the grounds for such deliberation which shall not be refused.

Art. 51 – Failing promulgation of the laws by the President of the Republic within the prescribed time limit, the Speaker of the National Assembly shall proceed to such promulgation.

Art. 52 – The President of the Republic shall ensure the enforcement of laws.

Art. 53 – The President of the Republic Power shall have power to make regulations.

Art. 54 – The President of the Republic shall have power to appoint to any civilian and military posts.

Art. 55 – The National Assembly may call into question the responsibility of the President of the Republic by tabling a motion of censure that shall be signed by one third (1/3) of the members of the Assembly.

Art. 56 – The voting of a motion of censure by an absolute majority of the deputies of the National Assembly shall entail the resignation of the President of the Republic and the automatic dissolution of the National Assembly.
Such voting by public ballot shall only take place at the expiration of a time limit of five (5) full days following the tabling of the motion.

Art. 57 – In case of resignation, death, definitive disability of the President of the Republic, or censure of the Government policy, the Speaker of the National Assembly shall take over the office of the President of the Republic and shall be assisted by the chairmen of the standing committees of the National Assembly.
His duties shall essentially consist in dealing with day-to-day matters, and preparing within two (2) months, elections for the designation of a President of the Republic and the members of the National Assembly if it shall have been dissolved.

Art. 58 – The President of the Republic may request the National Assembly to delegate to him, for a limited period of time, the right to take legislative measures by legislative edicts taken in a Council of Ministers and submitted for ratification to the National Assembly within three (3) months.

Art. 59 – In case of imminent danger, the President of the Republic may take exceptional measures in order to safeguard the independence of the nation and the institutions of the Republic.
The National Assembly shall assemble by right.