30 March 2019

Algeria: Solution to Crisis Cannot Be Considered Outside Application of Articles 7, 8 and 102 of Constitution

Algiers — Lieutenant General, Deputy Minister of National Defence, Chief of Staff of the National People's Army (ANP) reiterated Saturday that the application of articles, 7, 8 and 102 of the Constitution is "the only guarantee" to preserve the country's stability, the Ministry of National Defence (MDN) said in a statement.

During a meeting at the ANP headquarters, which brought together the Commanders of Forces, the Commander of the 1st Military Region and the Secretary General of the National Defence Ministry, Gaid Salah declared that "the solution to the crisis (the country is facing) cannot be considered outside the application of Articles 7, 8 and 102" of the Constitution, affirming that "the Army position remains unchangeable insofar as it is constantly in line with the constitutional legality and places the interests of the Algerian people above all other considerations."

Article 7 of the Constitution adopted in 2016 stipulates that "the people are the source of all power" and that the "national sovereignty belongs exclusively to the people.

Article 8 stipulates that the "constituent power belongs to the people". It also provides for that "the people exercise their sovereignty through the institutions ... " and that they (the people) "exercise it also by referendum and through their elected representatives".

Under this article, "the President of the Republic may resort directly to the expression of the People's will."

Article 102 of the Constitution applicable when the President of the Republic "because of a serious and lasting illness, is totally unable to perform his duties" or in case of resignation, stipulates that the President of the Council of the Nation shall assume the Function for a period of 45 days, in case of "impediment" of the Head of State.

On proposal of the Constitutional Council, the two Houses of Parliament "convened de jure", shall vote by the majority of the two-thirds, "the state of impediment". At the end of the 45-day period, if the "impediment" continues, the "vacancy" of power is declared.

The interim then continues for a maximum of 90 days, during which a presidential election is organized.

Article 102 also provides for this procedure of "vacancy" in case of the resignation of the President of the Republic.

The Army Chief of Staff stated that the proposal of the application of Article 102 of the Constitution "is the only guarantee capable of maintaining a stable political situation, in order to protect our country from any unfortunate situation."

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