Algeria: Suggestions Contained in First Draft of Amended Constitution

Algiers — The first draft of the amended Constitution, unveiled by the Presidency of the Republic on Thursday, contains numerous suggestions that have been classified in six chapters.

These suggestions cover the "fundamental rights and public liberties", "separation and balance of powers", "the Judiciary", "the Constitutional Court", "Transparency, preventing and combating corruption" and "the Independent National Authority for Elections", in addition to other questions .

Thrust: Fundamental Rights and Public Liberties:

- Introduction of a provision obliging public institutions and authorities to comply with constitutional provisions in relation to fundamental rights and public liberties.

- Prohibition to limit the fundamental rights and public liberties, unless provided by law or justified by reasons aiming the protection of public order and the protection of other rights and freedoms enshrined in the Constitution.

- Conslidation of the principle of legal protection.

- The right to life.

- Criminalization of torture and human trafficking.

- Protection of women from all forms of violence.

- Granting women who are victims of violence access to accommodation structures and sponsorship systems

- The right to compensation over arrest and temporary detention

- The right to privacy in all forms of personal correspondence and communications.

- Protection of natural persons during personal data processing.

- Protection of the practice of worship without discrimination.

- Free exercise of assembly and demonstration.

- Freedom of creation of associations. Dissolution of these associations by a judicial decision only.

- Constitutionalisation of freedom of the Press in all its forms, without prior censorship.

- Consolidation of the citizen's right to access, acquire and spread information, documents and statistics.

- The law must not contain provisions that impede the freedom of creation of political parties. The administration refrains from any practice that by its nature prevents the exercise of this right.

- Consolidation of the right to obtain water, rationalize its use, and preserve it for future generations.

- Obligation of the State to provide quality treatment and ensure the continuity of health services.

- Consolidation of principle of educational institutions neutrality.

- Promotion of youth participation in political life.

- Protection of the Elderly and the disadvantaged groups with special needs.

- Consolidation freedom of intellectual production.

- Acknowledgment of the right of citizens to lodge complaints to the public authorities, with requirement of reply.

Thrust: Separation and balance of powers:

- Limitation of presidential terms to one of more than two consecutive or separate terms.

- The Possibility for the President of the Republic to appoint a deputy president.

- Strengthening the role of the Prime Minister.

- Limitation of the duration of the State of Emergency or Siege to thirty (30) days, renewable following the approval of Parliament.

- Limitation of the period of the State of Exception to 60) days, renewable following the approval of Parliament.

- Consolidation of the Constitutional Court's right to monitor decisions taken during the State of Exception period.

- Vote in Parliament, by the majority of members

- Limitation of parliamentary mandate to two terms.

-Distinction between parliamentary immunity for acts related to the exercise of the parliamentary mandate and parliamentary immunity for acts not related to the parliamentary mandate.

- Cancellation of the right to legislate by orders during the parliamentary breaks.

- Continuation of the limitation of the right to legislate by orders, only during the vacancy period of the National People's Assembly and the State of Exception period. Obligation of submitting legislations within set deadlines.

- Obligation of the government to submit laws and their applications texts together.

- Obligation of the government to submit the necessary documents to Parliament in order to exercise its oversight functions.

Thrust: The judiciary

- Consolidation of the independence of the Judiciary.

- Consolidation of the principle of the non-transferability of judges and the relating guaranties.

- Constitutionalization of the composition of the Supreme Council of the Judiciary .

- The Presidency of the Supreme Judicial Council is entrusted to the first president of the Supreme Court, who can chair the council on behalf of the President of the Republic.

- The minister of Justice and the Prosecutor General at the Supreme Court are no more members of the High Council of the Judiciary.

- Increasing the number of elected judges representing the judges in proportion to their number and maintaining the number of elected magistrates representing the Public Prosecutor's Office.

-Integration of two (02) trade union representatives of magistrates and the President of the National Council for Human Rights into the High Council of the Judiciary.

Thrust: Constitutional Court

- Enshrinement of the Constitutional Court in place of the Constitutional Council.

-Changes in the composition of the Court and the method of appointment of its members:

- Four (04) members appointed by the President of the Republic,

- Two (02) members appointed by the Speaker of the People's National Assembly (Lower House) and two (02) members appointed by the Speaker of the Council of the Nation (Upper House) among non-parliamentary personalities not affiliated to political parties.

- Four (04) magistrates elected by their peers.

-Extension of the Constitutional Court's jurisdiction to review ordinances and the conventionality of laws.

-Extension of the Constitutional Court's jurisdiction to review ordinances and regulations.

-Recognition of the right of referral to the competent bodies for the purpose of requesting an interpretative opinion on constitutional provisions.

-Enshrinement of the competence of the Constitutional Court to hear disputes that may arise between the different constitutional powers upon referral to the competent bodies.

-Extension of the exception of unconstitutionality to regulations.

Thrust V: Transparency, prevention and anticorruption

-Constitutionalization of the authority of Transparency, Prevention and Fight against Corruption.

-Prohibition of holding multiple posts between public functions and private activities or professional activities.

-Prohibition of the creating a public job or a public order if it does not meet a need in the general interest.

-All public officials must avoid conflicts of interest.

-Declaration of assets at the beginning and end of functions for any person appointed to a top post or elected in a parliamentary or local assembly.

-Public authorities must respect and ensure respect for good governance and transparency in the management of public affairs.

-Legal repression of influence peddling.

Thrust VI: Transparency, prevention and anticorruption

-Constitutionalization of the National Independent Authority for Elections.

-Strengthening the Authority's missions, composition, organization and functioning.

Off thrust proposals

-Constitutionalization of the Popular Movement on 22 February 2019 in the preamble of the Constitution.

- Prohibition of hate speech and discrimination.

-Possibility of giving certain communes a special status.

-Strengthening the role of the State in the protection of the environment, water and quality of life.

- Enshrinement of the administration-citizen relationship based on neutrality, legality and speed.

-The administration has an obligation to justify its decisions and to respond within the time limit set by law.

-Enshrinement of the principles of equality, non-discriminatory, continuity, adaptation, quality, efficiency and foresight for public services.

-Principle of opposability of laws and regulations after being released through official channels.

-Creation of the National Economic, Social and Environmental Council.

-Insertion of Tamazight as a provision that cannot be revised.

-Possibility of creating Advisory Councils by law or regulations as appropriate.

-Constitutionalization of Algeria's participation in peacekeeping operations under the auspices of the United Nations (UN).

-Constitutionalization of Algeria's participation in the restoration of peace in the region within the framework of bilateral agreements with the concerned countries.

More From: Algerie Presse Service

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