1. The incompatibilities.
The 1996 Constitution raised the principle of the deputy’s mandate to be not concurrent with other mandates or functions (art. 105). In the present state of the legislation, the incompatibility cases have not been expressly determined.
The incompatibility with some functions or mandates stands out, nevertheless, from the reading of article 119 of the ordinance stating the organic law related to the electoral system which stipulates the replacement of the deputy elected to the constitutional Council or nominated for a governmental function. Indeed, the previously mentioned law stated only the ineligibility case (art. 106 of the ordinance above mentioned).
2. The parliamentary immunity.
Parliamentary immunity is recognised to deputies during the period of their mandate. It covers:
The parliamentary irresponsibility enacted by article 109 of the Constitution
which stipulates that the deputy cannot be subject to any penal or civil action,
or arrest, or pressure because of the opinions and utterances he expressed or
made or the vote he gave during the exercise of his mandate.
The parliamentary inviolability under which no
lawsuit can be instituted against a deputy for crime or infringement he has
committed unless he waives expressly this protection or when the assembly
decides to lift the immunity according to the procedures stated in the rule of
procedures.
Such a protection cannot be raised only in case of flagrant infringement (art. 111 of the Constitution). The Bureau of the Assembly may, in this case, ask for the suspension of the lawsuits or to release him on bail.
3. The salary system.
The MP profits, under articles 18 to 21 of the law n° 01-06 of January 31st, 2001 related to the MP, by a basic salary and complementary allowances.
The monthly basic salary is calculated on the basis the highest value of the indicial point in force in force in the public office, to the benefit of state higher executives.
The Speaker of the National People’s Assembly and the president of the Council of Nation are each paid a salary equal to the payment determined for the Head of Government.
The MP profits also by an allowance of responsibility subject to legal deductions and fixed as follows:
20%
of the basic salary for the vice-president, the chairman of committee, the head
of parliamentary group and the president of the algerian group within the
maugrabin consultative council.
15% of
the basic salary for the vice-president and the committee rapporteur.
The monthly complementary representation allowance is fixed at 20% of the basic salary.
4. Social security.
The deputy is affiliated to the social security during his mandate in the conditions fixed by the legislation on social security.
5. The deputy duties.
The deputy must mainly:
Remain faithful to the trust of the people and be
permanently aware of their aspirations (art. 100 of the Constitution).
Make
a patrimony declaration at the beginning and at the end of his mandate in
accordance with the ordinance related to the patrimony declaration.
Attend
the meetings of the National People’s Assembly and those of the committee where
he is a member.
Comply
during the assembly sessions with the rule of procedures under pain of applying
disciplinary sanctions stated by that rule of procedures.
6. The cessation of mandate.
The mandate of the deputy ends at the end of its term, the acceptation of an incompatible function with his mission, the death or the resignation. It may also end by other decisions like forfeiture or exclusion.
The deputy brings upon himself the forfeiture when he does not meet the conditions of his eligibility. It is pronounced by the Assembly in accordance with the procedures fixed by the rules of procedure.
The dismissal is implemented by the Assembly, according to the procedures stated in the rules of procedure, against the deputy who commits an unworthy act of his mission.