GOVERNING THE ALGERIAN SOCIETY
ORGANIZATION OF POWERS:
CONTROL AND CONSULTATIVE INSTITUTIONS
ORGANIZATION OF POWERS
Art. 98 - The legislative power is exercised by a Parliament,
consisting of two chambers, the People's National Assembly and the Council
The parliament is sovereign to elaborate and vote the law.
Art. 99 - The Parliament controls the action of the Government
within the conditions defined by articles 80, 84, 133 and 134 of the
The control, provided for in articles 135 to 137 of the Constitution, is
carried out by the People's National Assembly.
Art.100 - The Parliament should, within its constitutional
attributions, remain faithful to the trust of the people and be permanently
aware of their aspirations.
Art.101 - The members of the People's National Assembly are
elected by means of a universal direct and secret suffrage.
Two-thirds (2/3) of the members of the Council of Nation are elected by
means of indirect and secret suffrage among and by the members of the
People's Communal Assemblies and the People's Wilaya Assembly.
One third (1/3) of the members of the Council of Nation is designated by
the President of the Republic among the national personalities and qualified
persons in the scientific, cultural, professional, economic and social
The number of members of the Council of Nation is equal to the half, to
the utmost, of the members of the People's National Assembly.
The modes of implementing paragraph 2 above mentioned are defined by the
Art. 102 - The People’s National Assembly is elected for a period
of five (05) years.
The mandate of the Council of Nation is limited to six (06) years.
Half the members of the Council of Nation is renewed every three (03)
The mandate of the Parliament cannot be extended unless there are very
exceptional circumstances which hinder the normal progress of elections.
This situation is ascertained by a decision of the Parliament, sitting in
both chambers convened together, following a proposal of the President of
the Republic and the Constitutional Council referred to.
Art. 103 - The modes for the election of deputies and those
concerning the election or the appointment of members of the Council of
Nation, the conditions of eligibility, the rules of ineligibility and
incompatibility are defined by an organic law.
Art. 104 - The validation of the mandate of the deputies and that
of the members of the Council of Nation comes within the respective
competence of each of the two chambers.
Art. 105 - The mandate of the deputy and the member of the Council
of Nation is national. It can be renewed and not concurrent with other
mandate or function.
Art. 106 - The deputy or the member of the Council of Nation who
does not fulfill or does not fulfill any more the conditions of his
eligibility incurs the forfeiture of his mandate.
This forfeiture is decided according to the case by the People's National
Assembly or the Council of Nation by the majority of their members.
Art. 107 - The deputy or the member of the Council of Nation
commits himself before his peers who can revoke his mandate if he commits a
shameful action for his mission.
The internal rules of each of the two chambers define the conditions of
excluding a deputy or a member of the Council of Nation. The exclusion is
decided according to the case by the People's National Assembly or the
Council of Nation, by the majority of its members without prejudice to any
other common law lawsuits.
Art. 108 - The conditions by which the Parliament accepts the
resignation of one of its members are defined by an organic law.
Art. 109 - Parliamentary immunity is recognized to deputies and
members of the Council of Nation during the period of their mandate.
They cannot be subject to lawsuits, arrest, or in general, to any civil
or penal action or pressure because of opinions they expressed, utterances
they made or votes they gave during the exercise of their mandate.
Art. 110 - Lawsuits cannot be instituted against a deputy or a
member of the Council of Nation for crime or infringement unless there is an
explicit renunciation of the concerned or an authorization according to the
case from the People's National Assembly or the Council of Nation which
decides by the majority of its members to lift the immunity.
Art. 111 - In case of flagrant infringement or flagrant crime, the
deputy or the member of the Council of Nation may be arrested. The bureau of
the People's National Assembly or of the Council of Nation, depending on the
case, is informed immediately.
The informed bureau may ask the suspension of lawsuits and the liberation
of the deputy or the member of the Council of Nation; it will then be
proceeded according to the provisions of article 110 above mentioned.
Art. 112 - An organic law defines the conditions for the
replacement of a deputy or a member of the Council of Nation in case there
is vacancy of his seat.
Art. 113 - The term of the legislative body begins de jure
the tenth day following the date of the election of the People's National
Assembly, under the chairmanship of the oldest member assisted by the two
The People's National Assembly elects its bureau and forms its committees.
The above mentioned provisions are applied to the council of Nation.
Art. 114 - The President of the People's Assembly is elected for
the term of the legislative body.
The President of the Council of Nation is elected after each partial
renewal of the members of the Council.
Art. 115 - The organization and the functioning of the People's
National Assembly and the Council of Nation as well as the functional
relations between the chambers of the Parliament and the Government are
defined by an organic law.
The budget of the chambers as well as the salaries of the deputies and
the members of the Council of Nation are defined by the law.
The People's National Assembly and the Council of Nation elaborate and
adopt their internal rules.
Art. 116 - The sittings of the Parliament are public.
The proceedings are recorded in a book and published in accordance with
the conditions defined by an organic law.
The People's National Assembly and the Council of Nation may sit in
camera upon a request made by their presidents, by the majority of their
members present or by the Head of Government.
Art. 117 - The People's National Assembly and the Council of
Nation set up permanent committees in the framework of their internal rules.
Art. 118 - The Parliament meets in two ordinary sessions a year,
each lasting a minimum period of four (04) months.
The Parliament may hold a meeting in an extraordinary session on the
initiative of the President of the Republic.
The President of the Republic can hold a meeting of the Parliament on a
request made by the Head of Government or by the two thirds (2/3) of the
members of the People's National Assembly.
The closure of the extraordinary session comes after the Parliament has
exhausted the agenda for which it was convened.
Art. 119 - The Head of Government and the deputies have the right
to initiate laws.
To be admissible, proposed laws are brought in by twenty (20) deputies.
Draft laws are presented in the Cabinet following the opinion of the
Council of State then submitted to the bureau of the People's National
Assembly by the Head of Government.
Art. 120 - To be adopted, any draft law or law proposal should be
debated successively by the People's National Assembly and the Council of
The discussion of draft laws or law proposals by the People's National
Assembly concerns the text which is presented to it.
The Council of Nation deliberates the text voted by the People's National
Assembly and adopts it by the majority of three quarters (3/4) of its
In case there is a disagreement between the two chambers, a commitee of
equal representation of the two chambers meets on a request of the Head of
Government to propose a text on the provisions subject of the disagreement
This text is submitted by the Head of Government to be adopted by the two
chambers and cannot be amended unless with the agreement of the Government.
In case the disagreement persists, the text is withdrawn.
The parliament adopts the financial law within a period of seventy five
(75) days at the utmost from the date it was submitted in accordance with
the preceding paragraphs.
In case it was not adopted in the time limit, the President of the
Republic promulgates the draft text of the Government by ordinance.
Other procedures are defined by the organic law mentioned in article 115
of the Constitution.
Art. 121 - Is inadmissible any law proposal which leads to or the
subject of which is to reduce public resources or increase public expenses
unless it is accompanied by measures aiming at increasing the State income
or making, at least, corresponding savings in other items of public expenses.
Art. 122 - The Parliament legislates in the domains which the
Constitution assigned to it, as well as the following domains:
1- fundamental rights and duties of the individuals, in particular, the
rules of public liberties, the safeguard of individual liberties and the
obligations of the citizens;
2- general rules concerning personal status and the family statute and, in
particular, marriage, divorce, affiliation, capacity and inheritance;
3- conditions of individual's establishment;
4- basic legislation concerning the Nationality;
5- general rules related to the condition of the foreigners;
6- rules related to the judiciary organization and to the setting up of
7- general rules of penal law and penal procedures; and in particular, the
determination of crimes and infringements, the institution of corresponding
punishments of any nature, amnesty, extradition and the penitentiary system;
8- general rules of civil procedure and execution means;
9- rules of civil, trade and property obligations;
10- territorial allotment of the country;
11- adopting the national plan;
12- voting the State budget;
13- setting up tax base and rate, contributions and duties of any nature;
14- customs regulations;
15- money issuing regulations and bank, credit and insurance rules;
16- general rules related to teaching and Scientific Research;
17- general rules related to public health and population;
18- general rules related to work law, social security and to the exercise
of trade union right;
19- general rules related to environment, living space and land management;
20- general rules related to the protection of the fauna and the flora;
21- protection and safeguard of cultural and historic heritage;
22- general regulation for forests and grazing lands;
23- general regulation for water;
24- general regulation for mines and hydrocarbons;
25- land regulation;
26- the fundamental guaranties granted to civil servants and the general
statute of civil service;
27- general rules related to National Defense and the use of armed forces by
28- rules of property transfer from the public sector to the private sector;
29- the creation of types of establishments;
30- instituting State medals, distinctions and honorific titles.
Art. 123 - In addition to the domains intended to the organic laws
by the Constitution, the Parliament legislates through organic laws in the
- organization and functioning of public powers;
- electoral regulation;
- the law pertaining to political parties;
- the law related to information;
- the statute of magistracy and judiciary organization;
- the outline law of financial laws;
- the law pertaining to national security;
The organic law is adopted by the absolute majority of the deputies and
the majority of three quarters (3/4) of the members of the Council of
It is submitted to the Constitutional Council for a conformity control
before its promulgation.
Art. 124 - The President of the Republic can legislate by
ordinance in case there is a vacancy of the People's National Assembly or in
the inter-sessions periods of the Parliament.
The President of the Republic submits the texts he enacted to be approved
by each of the two chambers of the Parliament in its next session.
The ordinances not adopted by the Parliament are void.
The President of the Republic may legislate by ordinance in case of a
state of exception defined by article 93 of the Constitution.
The ordinances are taken in a meeting of the Cabinet.
Art. 125 - The President of the Republic exercises the powers
pertaining to regulations for matters other than those intended to the law
The implementation of laws is the domain of the Head of Government.
Art. 126 - The law is promulgated by the President of the Republic
within thirty (30) days from the date of handing it over.
However, when the Constitutional Council is called upon by one of the
authorities mentioned in article 166 under-mentioned, before the
promulgation of the law, this time limit is suspended until the
Constitutional Council expresses its opinion in accordance with the
conditions defined by article 167 under-mentioned.
Art. 127 - The President of the Republic may request a second
reading of the voted law within thirty (30) days following its adoption.
In this case, the majority of two thirds (2/3) of the deputies of the
People's National Assembly is required for the law to be adopted.
Art. 128 - The President of the Republic may address a message to
Art. 129 - The President of the People's National Assembly, the
President of the Council of Nation, the Head of Government, referred to, the
President of the Republic may decide the dissolution of the People's
National Assembly or the organization of anticipated general elections.
In the two cases, general elections are held within a maximum time limit
of three (03) months.
Art. 130 - The Parliament may open a debate on foreign policy upon
a request made by the President of the Republic or one of the presidents of
the two chambers.
The debate may end up, in that case, with a resolution, of the Parliament
sitting in both chambers convened together, which will be sent to the
President of the Republic.
Art. 131 - Armistice agreements, peace, alliance and union
treaties, treaties related to State borders as well as treaties involving
expenses not provided for in the State budget are ratified by the President
of the Republic following an explicit approval by each of the chambers of
Art. 132 - Treaties ratified by the President of the Republic in
accordance with the conditions provided for by the Constitution are superior
to the law.
Art. 133 - Members of the parliament may call upon the Government
on a topical issue.
The committees of the Parliament may hear the members of Government.
Art. 134 - Members of the Parliament may address orally or in a
written form any question to any member of the Government.
Answers to written questions should be in written form within a maximum
time limit of thirty (30) days.
Answers to oral questions are given in session.
If one of the two chambers considers that oral or written answers of a
member of the Government justifies a debate, this latter is opened in
accordance with the conditions provided for by the rules of procedure of
People's National Assembly and the Council of Nation.
The questions and answers are published in accordance with the same
conditions as those of the minute of proceedings of the Parliament’s debates.
Art. 135 - In debating the general policy declaration, the
People's National Assembly may sue the Government's responsibility through
voting a motion of censure.
Such a motion is admissible only if it was signed by, at least, one
seventh (1/7) of the number of deputies.
Art. 136 - The motion of censure should be approved by the
majority of two thirds (2/3) of the deputies.
The vote occurs only three days after the motion of censure is brought
Art. 137 - If the motion of censure is adopted by the People's
National Assembly, the Head of Government submits the resignation of his
Government to the President of the Republic.