|
PREAMBLE
PART ONE
GENERAL PRINCIPLES
GOVERNING THE ALGERIAN SOCIETY
PART TWO
ORGANIZATION OF POWERS:
The executive
power
The
legislative power
The
judicial power
PART THREE
CONTROL AND CONSULTATIVE INSTITUTIONS
PART FOUR
CONSTITUTIONAL REVISION
|
PART THREE
CONTROL AND CONSULTATIVE
INSTITUTIONS
CHAPTER I
Control
Art. 159 - The elected assemblies assume the function of control
within its popular dimension.
Art. 160 - The Government presents to each chamber of the
Parliament a report on the use of budgetary credits which it voted for each
financial year.
The financial year is close as far as it concerns the Parliament by a
vote, by each of the chambers, of the financial year in question.
Art. 161 - Each of the two chambers of the Parliament may, within
the framework of its prerogatives, institute at any time committees
investigating affairs of general interest.
Art. 162 - The control institutions and bodies are in charge of
checking the conformity of the legislative and executive action with the
Constitution and to verify the conditions of use and management of material
means and public funds.
Art. 163 - A Constitutional Council is instituted to see to the
respect of the Constitution.
The Constitutional Council sees also to the due form of referendum
operations, the election of the President of the Republic and the general
elections. It proclaims the results of these operations.
Art. 164 - The Constitutional Council is composed of nine (09)
members: three (03) appointed by the President of the Republic among whom is
the President, two (02) elected by the People's National Assembly, two (02)
elected by the Council of Nation, one (01) elected by the Supreme court of
Nation; one (01) elected by the Council of State.
Once elected or appointed, the members of the Constitutional Council
cease any other mandate, function, responsibility or mission.
The President of the Republic appoints the President of the
Constitutional Council for a single mandate of six (06) years.
The other members of the Constitutional Council fill a unique mandate of
six (06) years and are renewed by half every three (03) years.
Art. 165 - In addition to the prerogatives explicitly bestowed
upon it by other provisions of the Constitution, the Constitutional Council
pronounces on the constitutionality of treaties, laws and regulations,
either through an opinion if these are not enforced or, otherwise, through a
decision.
The constitutional Council, called upon by the president of the Republic,
expresses a compulsory opinion on the constitutionality of the organic laws
following their adoption by the Parliament.
The Constitutional Council also pronounces on the conformity of the rules
of procedures of each of the two chambers of the Parliament with the
Constitution in accordance with the provisions of the above mentioned
paragraph.
Art. 166 - The Constitutional Council is called upon by the
President of the Republic, the President of the People's National Assembly
or by the President of the Council of Nation.
Art. 167 - The Constitutional Council deliberates in camera; its
opinion or its decision are given within twenty (20) days following the date
it was referred to.
The Constitutional Council defines the rules of its functioning.
Art. 168 - When the Constitutional Council considers that a treaty,
an agreement or a convention is not constitutional, its ratification cannot
take place.
Art. 169 - When the Constitutional Council considers that a
legislative or regulatory provision is not constitutional, this latter
looses its effect from the date the decision is taken by the Council.
Art. 170 - An Audit Office is instituted with the task of
controlling a posteriori the finances of the State, the territorial
collectivities and public services.
The Audit Office establishes a yearly report which is addressed to the
President of the Republic.
The law defines the prerogatives, the organization and the functioning of
the Audit Office as well as the sanctions of its investigations. |