LAWS

Organic Law no 99-02 of Dhou El Kaada 20^th, 1419 H, corresponding to  March , 8^th, 1999, determining the organization and functioning of the  National  People’s  Assembly and of the Council of Nation, and the functional relationships between the Chambers of Parliament and Government.

The President of the Republic,

Considering the Constitution, especially its articles 115 (First Paragraph), 123 (Paragraph 3), and 165 (Paragraph 2),

After being passed by Parliament,

Considering the advice of the Constitutional Council,

Promulgates the Organic Law which provisions are as follows :

Chapter I

General Provisions

First Article : The Organic Law hereby aims at determining, according to the provisions of article 115 of the Constitution, the organization and functioning of the National People’s Assembly and of the Council of Nation, as well as defining the functional relations between the Chambers of Parliament and Government.

 Article 2 : Without prejudice of the provisions of article 93 of the Constitution, the respective seats of the National People’s Assembly and of the Council of Nation, are located in Algiers. 

 Article 3 : The respective seats of the National People’s Assembly and of the Council of Nation, as well as the buildings where Parliament sits, are inviolable.

Are placed at the disposal of both the Speaker of the National People’s Assembly and the President of the Council of Nation, and under their exclusive responsibility, the necessary means enabling to guarantee security and order within the National People’s Assembly and the Council of Nation buildings.

 Article 4 : Parliament meets on two annual ordinary sessions, each one lasting at least four (4) months.

Parliament can be convened for an extraordinary session, in conformity with the provisions of article 118 of the Constitution. 

The presidential decree related to the convening of Parliament for an extraordinary session, determines the agenda of the session.  

Article 5 : The National People’s Assembly and of the Council of Nation meet on a spring session and on an autumn session. 

The spring session begins on the second working day of March.

The autumn session begins on the second working day of September.

The maximal duration of each ordinary session is determined in co-ordination between the bureaux of the two Chambers,and in consultation with the Government.

Each session of Parliament is opened and closed by the reading of the Fatiha Surat verses and the playing of the national anthem.

Article 6 : The proceedings, debates and deliberations of the Parliament are held in public or in camera, in conformity with article 116 of the Constitution.

Article 7 : Without prejudice of the provisions of article 116 (Paragraph 2) of the Constitution, the complete reports and   minutes of the debates held during the Parliament meetings are published in the Official Journal of the debates of both Chambers.

The minutes of the Parliament proceedings, meeting in gathered Chambers, are published in the same forms as those of the reports of the two Chambers.

Article 8 : The form and contents of the Official Journal of the Parliament Council of Nation debates are detemined by a decision of each of the two Chambers of Parliament.

Chapter II

the Organization of the National People’s Assembly and of the Council of nation

Article 9 : The organs of the National People’s Assembly and the Council of Nation are :

·        The President,(Speaker for the Assembly) 

·        The Bureau,

·        The Standing Committees.

Article 10 : Each of the two Chambers may set up co-ordinating and consultative or supervising authorities, the setting up of which is determined by the Rules of Procedure of each of the two Chambers.

Article 11 : Without prejudice of the provisions of article 181 (Paragraph 2) of the Constitution, the President of  the National People’s Assembly and the President of the Council of Nation, are elected in conformity with the provisions of article 114 of the Constitution.

The Rules of Procedure in force of each Chamber determine the mode of their elections.

Article 12 : When the President of the Council of Nation is called to hold the charge of Head of State in conformity with the provisions of article 88 of the Constitution, the oldest vice president takes over the President’s duties temporarily.

Article 13 : The Bureau of each chamber is composed of the President (or Speaker), the vice presidents, and, if need be, of other members.

The number of vice presidents  and of other members, as well as their prerogatives and their electing modes, are determined by the Rules of procedure of each Chamber. 

Article 14 : The vice presidents help the President(Speaker) in the conduction of the debates and the deliberations of the organs of the two Chambers, they also help him in administrating and managing the Institution.

In addition to the prerogatives confered to the Bureau by the Constitution, and by the hereby law, the other prerogatives of the Bureau are defined by the Rules of Procedure of each Chamber. 

Article 15 : The National People’s Assembly and the Council of Nation set up standing committees within themselves.

Their number and missions are determined by the Rules of Procedure of each Chamber in conformity with the provisions of article 117 of the Constitution.

Chapter III

The Functional Relations between the Chambers of Parliament and Government

Section 1
the Agenda

Article 16 : The agenda of the session is determined at the beginning of each parliamentary session by the bureaux of the Chambers, and the Government representative, at the meeting seat of the National People’s Assembly, according to the priority order determined by the Government.

Article 17 : When tabling a bill, Government may underline its urgent aspect. When a bill, tabled during the session ,is  declared urgent, it is registered in the current agenda of the session.

Article 18 : The agenda of the meetings is determined by the bureau of each  Chamber  in consultation with the Government.

Article 19 : Twice a month, a meeting is devoted to the oral questions from the members of each Chamber and to the answers from the Government members.

Section 2

the Tabling of bills and law proposals and  their examination within the Committees 

Sub-Section 1
the Tabling of bills and law proposals

Article 20 : In addition to the clauses stipulated in article 119 of the Constitution,any bill or law proposal to be admissible, should be accompanied by an account of the grounds and its purview written out in articles.

Article 21 : Without prejudice of the procedures  provided for in article 119 of the Constitution, the Head of Government tables bills before the bureau of the National People’s Assembly.

The Bureau of the National People’s Assembly acknowledges receipt of the latter.

The bill is submitted to the Bureau of the Council of Nation.

Article 22 : Without prejudice of the provisions of Paragraph 6 of article 120 of the Constitution, bills may be withdrawn by Government at any time before being  passied by the National People’s Assembly.

Bills may also be withdrawn by the delegates of their authors, before being passed, the Council of Nation and Government being informed.

The withdrawal procedure leads to the disseisin of the concerned committee, the bill being no longer listed in the agenda.

Article 23 : Any law proposal must be signed by twenty (20) deputies.

Any law proposal is tabled before the Bureau of the National People’s Assembly.

Article 24 : Is inadmissible any bill or law proposal which object is the same as the one of a bill or law proposal already under examination by Parliament or which content has been rejected or withdrawn since less than twelve (12) months.

Article 25 : The law proposal,which has been accepted, in conformity with the provisions of article 23 above, is immediately communicated to Government.

The Government informs the Bureau of the National People’s Assembly of its opinion within two (2) months at the latest .

When the Government does not express any opinion after the delay, the law proposal  is submitted once again to discussion by the Speaker of the National People’s Assembly to the concerned committee.

Any law proposal rejected in pursuance of article 121 of the Constitution , is inadmissible.

Article 26 : The Government can request, upon consent of the Bureaux of the  National People’s Assembly and the Council of Nation, the registration, in the agenda of the meetings, of a bill or law proposal which would have not been reported by the concerned committee, during the two (2) months of its examination

Sub-section 2

the Examination of bills and  Law propopsals within the Committees

Article 27 : With respect to their agenda and prerogatives, the standing committees of the Parliament  may hear the Government representative, and, if need be, the members of Government. 

The request is submitted to the Head of Government by the president of each Chamber. The members of Government can have access to the proceedings of the standing committees. They are heard upon request of Government, sent to both Chambers presidents, as the case may be.

Article 28 : The concerned committee, the members of the National People’s Assembly and of the Government may bring in draft amendments on the bill or law proposal referred to the Committee for examination.

The conditions and terms of bringing in draft amendments are determined by the Rules of Procedure.

Section 3

the Modes of Voting

Article 29 : Bills and law proposals are discussed according to the voting procedure  with general debate, and that with  restricted debate, or without debate.

Article 30 : The vote is either by show of hands, by  secret vote or by open vote.

It also can be by the nominal open vote.

Article 31 : The Bureau of each House of the determines the manner of voting in conformity with the terms provided in the law hereby and the rules of procedures.

Sub-Section 1

Voting with general debate

Article 32 : Voting with a general debate is the usual procedure for the examination of bills and law proposals. 

It takes place in two successive stages :  the general discussion and the discussion by article.

Article 33 : The discussion of a bill begins by the hearing of the Government representative, the rapporteur of the concerned committee, then by the interventions of the speakers in the order of their previous registration.

The discussion of a law proposal begins by hearing the delegate of the authors, the Government representative , the rapporteur of the concerned committee, then the speakers intervening in the order of  their previous registration.

During the general discussion, interventions deal with the text as a whole.

The Government representative, the president or the rapporteur of the concerned committee, and the delegate of the authors of the proposal, are given the floor at their request.

At the end of the debates, the National People’s Assembly decides whether to  pass the whole text, to pass it article by article, or defer it. The National People’s Assembly makes a decision after that the chairman of the meeting had given the floor to the Government representative and the concerned committee.

Article 34 : The Government representative, the bureau of the concerned committee or the delegate of the authors of the law proposal may bring in amendments orally during the discussion by article.

If the president of the meeting or the concerned committee, considers that the way the amendment was presented affects the texts substance, the president of the meeting decides to adjourn the meeting to allow the committee to deliberate its conclusions about the amendment.

The Government representative, the bureau of the concerned committee or the delegate of the law proposal authors, are entitled to request the adjournment of the meeting.

Article 35 : During the discussion by article, the delegate of the authors of every amendment and ,if need be ,the bureau of the concerned committee and the representative of the Government intervene about every article likely to be amended.

At the end of these interventions, are put to the vote :

The amendment from the Government or that of  the delegate of the authors of the law proposal ;

If no amendments from the Government or the delegate of the law proposals authors, or if rejected,  the amendment from the concerned committee ;

If no amendments from the committee, or if rejected, the amendments from the deputies in the order determined by the Speaker of the National People’s Assembly ;

Article 36 : During the discussion by article, the president may put to voting a part of the text, if not amended.

After voting the last article, the president puts the whole text to voting.

 Article 37 : Voting with restricted debate is decided by the bureau of the National People’s Assembly  at the request of the Government representative, the concerned committee, or the delegate of the law proposal authors. 

During the restricted debate, a general discussion is not necessary.

During the discussion by article, only the Government representative, the delegate of the law proposal authors, the president or the rapporteur of the concerned committee, and the delegates of the amendments authors.

No amendment may be presented.

The whole text is submitted to voting and adoption without debate on the substance, after the reading out of the concerned committee report .

 Article 39 : At the Council of Nation, the discussion of the text passed by the National People’s Assembly begins by hearing the Government representative, the rapporteur of the concerned committee, and the speakers in the order of their previous registration..

During the general discussion, interventions deal with the text as a whole.

The concerned committee and the Government representative are given the floor at their request .

At the end of the debates, the Bureau of the Council of Nation decides whether to adopt the whole text, if no comments or recommendations were made on it, or to open the discussion by article. The Council of Nation comes to a conclusion after that the Government representative and the concerned committee had taken the floor.

 Article 40 : During the discussion by article, the president can submitt to adoption a part of the text, if no comments or recommendations have been made by the Committee.

The recommendations representing the Council of Nation’s advice about the provisions disagreed upon, are submitted by the concerned committee to the committee at which both Houses are equally represented.

The procedures and terms related to the presentation and drawing up of comments and recommendations, are determined by the Rules of Procedure of the Council of Nation.

 Article 41 : The adoption with restricted debate is decided by the bureau of the Council of Nation, at the request of the Government representative or the concerned committee.

 Article 42 : Any text passed by the National People’s Assembly is communicated within the following ten (10) days, by the Speaker the National People’s Assembly, to the president of the Council of Nation. The Head of Government is informed about the communication.

 Article 43 : Without prejudice of the provisions of articles 166 and 167 of the Constitution, the president of the Council of Nation communicates within the following ten (10) days,  the final text adopted by the Council of Nation, to the President of the Republic. The Speaker of the National People’s Assembly and the Head of Government are informed about the communication.

Article 44 : TheParliament adopts the Financial Bill within the seventy-five (75) days, at the latest, following the date of its tabling, in conformity with the provisions of article 120 of the Constitution.

The National People’s Assembly  passes the bill within the fourty-seven (47) days, at the latest,following the date of its tabling.

The Council of Nation adopts the passed bill within a maximum delay of twenty (20) days.

In case of disagreement between the two Chambers, the committee at which both Houses are equally represented has a eight (8) days delay to give a decision.

In case of non adoption for whatever reason, within the time limit alloted , the President of the Republic promulgates the Government Financial bill, by an ordinance coming into force as a Finance Law. 

Article 45 : In pursuance of article 127 of the Constitution, the President of the Republic can request a second reading of the Act, within the thirty (30) days following its adoption by the Council of Nation.

If not adopted by a majority of two thirds (2/3) of the deputies, the Act is declared null and void.

Article 46 : The Head of Government submits his programme to the National People’s Assembly  within the fourty-five (45) days following the appointment of the Government.

 To this effect, the National People’s Assembly opens a general debate.

 Article 47 : The debate on the Government programme may begin only seven (7) days after having been communicated to deputies.

Article 48 : The voting on the Government programme, eventually adapted, takes place, ten (10) days, at the latest ,after its presentation in the meeting.

Article 49 : In conformity with article 80 of the Constitution, the Head of Government presents his programme to the Council of Nation, within ten (10) days at the latest, following its approval by the National People’s Assembly  

The Council of Nation may put a resolution, in the same conditions as those stated in articles 52 to 55 of the hereby Law.

Article 50 : The Government presents every year, reckoning from the date of adoption of its programme, to the National People’s Assembly, a general policy declaration, in conformity with the provisions of article 84 of the Constitution.

The general policy declaration gives rise to a debate about the Government action.

This debate may end with a resolution.

Article 51 : Motions of resolutions related to the general policy declaration, are presented within the seventy two (72)  hours following the ending of the debate about the declaration.

Article 52 : To be admissible, themotion of resolution must be signed by at least twenty (20) deputies, and tabled by the delegate of the authors of the motion, before the bureau of the National People’s Assembly.

Article 53 : A deputy can not sign more than one motion of resolution.

Article 54 : In case of plurality of motions of resolutions, they are put to voting according to the date of their tabling. 

The adoption of one of the presented motions by a majority of the National People’s Assembly members, renders void the other motions.

Article 55 : During the debates preceding the passing of the motions of resolutions related to the Government general policy declaration, only the following may intervene :

·        The Government, at its request ;

·        The delegate of the authors of the motion of resolution ;

·        A deputy wishing to intervene against the motion of resolution;

         A deputy wishing to intervene for the motion of resolution.  

Article 56 : In conformity with the provisions of article 84, paragraph infine of the Constitution,the Government may present a general policy declaration before the Council of Nation.

 Article 57 : To be admissible, the motion of censure must be signed by,at least, the one seventh (1/7) of deputies, in conformity with article 135 of the Constitution.

 Article 58 : A deputy can not sign more than one motion of censure.

 Article 59 : The text of the motion of censure is tabled by the delegate of its authors, before the bureau of the National People’s Assembly.

The text of the motion of censure is published in the Official Journal of debates of the National People’s Assembly. The text is displayed and distributed to all deputies.

 Article 60 : During the debates preceding the passing of a motion of censure bearing on the Government general policy declaration , only the following may intervene :

The Government, at its request ;

 The delegate of the authors of the motion of censure;

·        A deputy wishing to intervene against the motion of censure ;

·        A deputy wishing to intervene for the motion of censure .  

Article 61 : In conformity with the provisions of articles 136 and 137 of the Constitution, the motion of censure must be approved by voting, at the majority of the two thirds (2/3) of the deputies. 

The voting can take place only three (3) days after the tabling of the motion of censure.

If the motion of censure is passed by the National People’s Assembly, the Head of Government presents his Government resignation.

 Article 62 : The Government is entitled to request the registration of a vote of confidence in the agenda, in conformity with the provisions of article 84 of the Constitution.

 Article 63 : During the debate about the vote of confidence in the Government, , besides the Government, a deputy for the vote of confidence and a deputy against the vote of confidence may intervene. Article 64 : The vote of Confidence is passed by simple majority.  

If the motion of confidence is  rejected, the Head of Government presents his Government resignation, without prejudice of the provisions of article 84 and 129 of the Constitution.

Article 65 : In conformity with article 133 of the Constitution,the members of Parliament may interpellate the Government about a topical issue.

The interpellation text signed, as the case may be, by thirty (30) deputies or thirty (30) members of the Council of Nation at least, is communicated to the Head of  Government, by the Speaker of the National People’s Assembly or by the President of the Council of Nation, within the fourty eight (48) hours following its tabling.

Article 66 : The bureau of the National People’s Assembly or that of the Council of Nation, determines in consultation with the Government, the meeting during which the interpellation will be examined.

The meeting must take place, , within the fifteen (15) days , at the latest , following the tabling of the interpellation.

Article 67 : During the said meeting of the National People’s Assembly or the Council of Nation, the delegate of the authors of the interpellation presents the object of his interpellation.

 The Government replies.

Article 68 : In conformity with the provisions of article 134 of the Constitution,the members of Parliament may orally or in writing, ask any question to any member of Government.

Article 69 : The text of the oral question is tabled by its author, as the case may be, before the bureau of the National People’s Assembly or that of the Council of Nation, ten (10) days, at least, before the day of the meeting planned for that purpose.

The Speaker of the National People’s Assembly or the President of the Council of Nation communicates it immediately to the Head of Government.

    Article 70 : During the ordinary sessions, a meeting is devoted every fifteen (15) days to the oral questions asked to the members of Government.

    The day devoted to the oral questions is determined by an agreement between the bureau of each Chamber of Parliament and the Government.

Every member of Parliament may ask only one question by meeting.

The number of verbal questions to which members of Government have to answer is determined by the boards of the Chambers of Parliament, together with Government.

Article 71 : The oral question is asked by its author. 

At the end of the answer of the member of Government, the author of the question may take again the floor. The member of Government may reanswer.

Article 72 : The members of Parliament may send written questions to every member of Government.

The text of the written question is tabled by its author, as the case may be, before the bureau of the National People’s Assembly or that of the Council of Nation.

The Speaker of the National People’s Assembly or the President of the Council of Nation communicates it immediately to the Head of Government.

Article 73 : In conformity with the provisions of article 134 of the Constitution, the answer of the member of Government to whom  the question was sent, intervenes in writing within the thirty (30) days following the communication of the written question. 

It is tabled ,as the case may be,before the bureau of the National People’s Assembly or that of the Council of Nation and then transmitted to its authors.

The so opened debate must be restricted to the content of the written or the oral  question asked to the member of Government.

Article 75 : The oral and written questions and the related answers are published in the same conditions as for the publication of the minutes of debates of each Chamber.

Article 76 : In conformity with the provisions of article 161 of the Constitution, the National People’s Assembly and the Council of Nation, may, in the framework of their competences, institute, at any time, Inquiry Committees about questions of general interest.

Article 77 : The setting up of an Inquiry Committee by the National People’s Assembly or the Council of Nation results from the passing of a motion of resolution, tabled before the bureau of the National People’s Assembly or the Council of Nation, and signed by twenty (20) deputies or by at least twenty (20) members of the Council of Nation.

Article 78 : The National People’s Assembly or the Council of Nation appoints the members of the Inquiry Committee, in conformity with the same conditions as those stated in their respective Rules of Procedure, for the setting up of standing committees.

When a Chamber institutes an Inquiry Committee, it informs the other Chamber.

Article 79 : No Inquiry Committee can be set up when the facts had given rise to current lawsuit before jurisdictions, are about the same grounds, purpose and parties.

Article 80 : Inquiry Committees have a temporary characteristic,their mission ends up with the tabling of their report, or, at the latest, at the end of a (6) months renewable delay,beginning from the date of adoption of the resolution which instituted them. They cannot be set up again with the same purpose, before the expiry of a twelve (12) months delay, from the end of their mission.

Article 81 : The deputies or the members of the Council of Nation who signed the resolution on the setting up of the Inquiry Committee can not be appointed as member of an Inquiry Committee.

Article 82 : The members of Inquiry Committees are bound to keep their investigations, statements and debates secret.

Article 83 : Without prejudice of the provisions of article 84 hereunder, the Inquiry Committee is entitled to hear any person, visit any place, and have access to any information or document in relation with the inquiry object.

Requests to hear the members of Government are communicated by the Speaker of the National People’s Assembly or the President of the Council of Nation, as the case may be, to the Head of Government.

The programme of hearing the members of Government, is drawn up together with the Head of Governmen. 

The notice, attached with the programme of statements and visits on the field, is addressed, with a view to hear them, to the civil servants, and agents of public institutions and administrations, through the hierarchy to which they belong.

The non appearance before the Inquiry Committe represents a serious violation registered in the report.The concerned hierarchy assumes its entire responsibility.

Article 84 : The Inquiry Committee is entitled to request any service document, and  copy it, except for documents which have a secret or a strategic character related to national defence, vital interests of national economy and domestic and foreign security of the State.  

The exception determined in the first paragraph must be justified and well founded by the involved parties.

Article 85 : The report  established by an Inquiry Committee is delivered to the Speaker of the National People’s Assembly or the President of the Council of Nation, as the case may be.

The president of the Republic and the Head of Government are informed of the report.

The report is distributed to the deputies or to the members of the Council of Nation, as the case may be.

Article 86 :  The publishing of the report in full or in part, may be decided by the National People’s Assembly or by the Council of Nation, upon proposal of their respective bureaux and of the presidents of the parliamentary groups, after advice of Government.

The National People’s Assembly or the Council of Nation, as the case may be, gives a decision without debate, with the majority of the members present, after the brief presentation made by the rapporteur of the Inquiry Committee, pointing out the pros and cons for the publishing of the report in full or in part. 

The National People’s Assembly or the Council of Nation, may, if need be, open a debate in camera on the publishing of the report.   

Article 87 : The request made by the Head of Government related to the convening of the Joint Committee, in the terms stated in Paragraph 4 of article 120 of the Constitution, is communicated to the presidents of each of the two chambers.

The Joint Committee meets within the ten (10) days following the date of communication of the request.

Article 88 : The number of representatives of each Chamber in the joint committee is of ten (10).

Article 89 : The joint committees meet, alternatively by act, whether in the National People’s Assembly buildings or in those of the Council of Nation.

Article 90 : The first meeting of the joint committe is convened by the oldest of its members.

The joint committe elects, among itts members, its bureau made up of a president, a vice president, and two rapporteurs.

The president is elected among the members of the Chamber where the committee meets.

The vice president is elected among the members of the other Chamber. A rapporteur is elected for each Chamber.

Article 91 : The joint committee considers the provisions, the object of disagreement, which they have been refered to it, in conformity with the usual procedure of the standing committees provided for in the Rules of Procedure of the Chamber hosting the meeting.

Article 92 : The members of Government can attend the proceedings of the joint committee.

Article 93 : The joint committee may hear any member of Parliament and / or any person whose hearing may be useful to its proceedings.

The request of hearing a member of Parliament is addressed to the president of the joint commitee and, as the case may be, to the Speaker of National People’s Assembly or the President of the Council of Nation.

Article 94 : The report of the joint committee proposes a text related to the provision(s), the object of disagreement.

The conclusions of the joint committee can only bear on the provisions which, passed by the National People’s Assembly , did not win the three fourths (3/4) of the votes of the Council of Nation.

The rejection by the Council of Nation of the whole text, does not predjuge the pursuance of the provisions of article 120, paragraph 4, of the Constitution.

The report of the joint committee is communicated to the Head of Government, by the President of the House which hosted the meeting of the joint committee .

Article 95 : The Government submits the text made up by the joint committee, to be adopted by both houses, in conformity with the procedure stated in article 120  of the Constitution.

Each Chamber gives firstly a decision about the amendments proposed, before adopting the whole text.

Article 96 : If both Chambers do not succeed , on the basis of the conclusions of the joint  committee, in adopting  the same text, and if the disagreement persists,the Government withdraws the text.  

Article 97 : The other terms and conditions of working of the joint committee will be further specified, if need be, by the Rules of Procedure which is applicable. 

Issued in Algiers, on Zulkaâda 20^th, 1419, corresponding to March 8^th, 1999.

Liamine Zeroual