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Considering the Constitution, mainly its articles 115 (Paragraph 3) and 165 (Paragraph 3) Considering the Organic Law n°99-02 of 20th Dhou El Kaada 1419 H corresponding to 8th of March, 1999, which fixes the organisation and functioning of both the National People’s Assembly and the Council of Nation and the functional relationships between the Houses of Parliament and the Government, Considering the modified Rules of Procedure of the National people’s Assembly, passed on 17th Rabie El Aouel, 1418 H, corresponding to 22nd of July, 1997, Concidering the adoption of the Rules of Procedure by the National People’s Assembly on 19th Dhi El Hidja, 1420 H, corresponding to 25th of March, 2000, - Considering the Constitutional Council advice n°10/ A.R.I / C.C 2000 of 09th Safar, 1421H, corresponding to 13th of May, 2000 relative to the checking of the conformity of the National people’s Assembly Rules of Procedure with the Constitution. Are published the Rules of Procedure which terms are as follows :
Preliminary provisions
First Article: The present Rules of Procedure fixes the procedures and the methods of the organization and the functioning of the National People’s Assembly in conformity with article 115 of the Constitution and with the provisions of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government.
THE OPENING OF THE NATIONAL PEOPLE’S ASSEMBLY
Article 2: In conformity with article 113 of the Constitution, the first legislature session is chaired by the oldest member assisted by the two youngest members, until the Speaker of the National People’s Assembly is elected .During this session it is proceeded to : - the nominal calling of each member, in conformity with the list communicated by the Constitutional Council, - the setting up of the committee for the validation of the mandates and the adoption
of its report, - the election of the Speaker of the National People’s Assembly. During this meeting, no substantial debate can be held. Article 3 : In conformity with article 114 of the Constitution and article 11 of the Organic Law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government ,the Speaker of the National People’s Assembly is elected
upon secret vote if there is more than one candidate. The candidate obtaining an absolute majority is declared elected. If no absolute majority is obtained, a second round is held between the two first candidates, who have won the largest number of votes.The candidate obtaining a relative majority is declared elected. In case of equal number of votes, the oldest candidate is elected. If there is only one candidate, an election by show of hands is held and he is declared elected, if he wins the majority of votes. the validation of mandates Article 4: In conformity with article 104 of the Constitution, the National People’s Assembly sets up, during its first session of legislature, a committee for the validation of the mandates, made up of twenty (20), members selected in proportion to their representation. The National People’s Assembly validates the mandates of its members in conformity with the proclamation of the Constitutional Council and subject to the decisions to annul the election or to reform the results, which the Constitutional Council would give. During the validation of the mandates procedure, the prerogatives inherent in the capacity of deputy are not suspended. The report of the committee of validation is submitted to the National People’s Assembly for adoption. Article 5: The National People’s Assembly takes note in plenary session of the invalidation of the mandate of one or more of its members, as well as of the validation of one new or more of its members, by the communication from the Speaker, of the decisions taken by the Constitutional Council, regarding matters in dispute in legislative elections. Article 6: the National People’s Assembly dissolves the committee of validation of mandates immediately rightly after the adoption of its report.
THE ORGANS AND BODIES OF THE ASSEMBLY Article 7: In conformity with articles 9 and 10 of the Organic Law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government, the National People’s Assembly has at its disposal permanent organs and bodies of consultation and coordination. The permanent organs are: - the Speaker - the Bureau - the standing Committees The bodies of consultation and co-ordination are: - the conference of the presidents - the co-ordinating committee - the parliamentary groups THE SPEAKER OF THE NATIONAL PEOPLE’S ASSEMBLY Article 8: The Speaker of the National People’s Assembly is elected in conformity with the provisions of article 3 hereunder.
Article 9: In addition to the power conferred on him by the Constitution,the Organic Law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government and the rules of procedure
hereunder, the Speaker of the National People’s Assembly : - sees that the rules of procedure of the National People’s Assembly are applied and observed , - represents the National People’s Assembly in the country and abroad , - maintains the security and order within the head office of the National People’s Assembly buildings, - Conducts the debates and deliberations of the National People’s Assembly, - Chairs the meetings of the Bureau, the conference of presidents, and the co-ordinating committee , - distributes the tasks between the members of the Bureau of the National People’s Assembly, - appoints the secretary general, and fills the posts of the National People’s Assembly administrative departments, after consultation with the bureau , - determines, by means of decisions, the modes of functioning of the administrative departments , - draws up the Assembly budget plan, and submits it to the bureau , - organizes the budget , - fxes the organisation of the National People’s Assembly administrative departments , - signs the recommendations of the International Parliamentary Co-operation, - refers to the Constitutional Council, if need be, in pursuance of article 166 of the Constitution . Article 10: In case of vacancy of presidency of the National People’sAssembly, following a resignation, incapacity or incompatibility, or death, the Speaker of the National People’s Assembly is elected following the same procedure provided for in the rule of procedure hereby, in a maximum delay of fifteen
(15) days from the date the vacancy was declared. The Bureau of the National People’s Assembly must hold a meeting to note out the vacancy and to seize the committee in charge of the legal affairs. The Committee draws up a report, which notes out the vacancy and submits it to the plenary session for adoption by the majority of the Assembly members. In that case, the non-candidate oldest vice president assisted by the two youngest members of the National People’s Assembly conducts the election.
THE BUREAU OF THE NATIONAL PEOPLE’S ASSEMBLY Article 11: The bureau is made up of the Speaker of the National People’s Assembly and nine (9) vice presidents. Article 12: In conformity with article 13 of the Organic Law, which fixes the organization, and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government, the vice- presidents are elected by the National People’s Assembly for one year. They are re-eligible. Article 13: The representatives of the parliamentary groups come to an agreement, during a meeting held on an initiative of the Speaker of the National People’s Assembly, on the sharing out of the vice-presidents positions proportionally to their representation. The list is submitted to the National People’s Assembly for adoption. If there is no agreement, pursuant to the conditions provided for in the first paragraph above, the groups, which represent the majority, set up the list of vice-presidents in conformity with the criterium agreed upon between the groups wishing to take part in the Bureau of the Assembly. The list is submitted to the National People’s Assembly for adoption. In case of equal number of votes, the oldest candidate is elected. In case of vacancy of a vice-presidency, it is provided for pursuant to the above-mentioned terms. Article 14: In addition to the competency vested in it by the Organic Law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government and the rules of procedure hereunder and pursuant to their provisions, the Bureau of the National People’s Assembly: - Organises the meetings, - Determines the agenda and schedule of the meetings, together with the Government, - Determines the modes of voting systems, - Adopts the organisation chart of the administrative departments, and the auditing modes of the National People’s Assembly financial departments, - Examines, adopts and submits the druft budget of the Assembly to the committee of finances and budget, - Determines the particular rules applicable to the National People’s Assembly accounting, - Sees to it that the human, material and scientific means are gathered for the smooth running of the committees’proceedings, - Gives his opinion on the admissibility in the forms of the law proposals, the amendments and the resolutions , - Studies and takes in charge all the means linked to the deputy’s mission, - Controls the functioning of the National People’s Assembly’s administrative and financial services , - Presents an annual assessment of his activity and circulates it to the deputies , - Follows up the legislative and parliamentary action of the National People’s Assembly and proposes the ways to develop it , - Supervises the publishing of news bulletin , - Follows up the relationships of the National People’s Assembly with the Parliaments and the parliamentary Unions. The vice-presidents may deputize for the Speaker of the National People’s Assembly, if unavailable, to chair the sittings of the Assembly, the meetings of the Bureau, the meetings of the conference of the presidents, and those of the co-ordinating committee. Article 15: The Bureau of the National People’s Assembly appoints among its members, three (03) members in charge of auditing the financial and administrative services of the Assembly and the business of the deputies. Article 16: The questors are commissioned to: - give an opinion on the draft budget of the National People’s Assembly before to be presented to the Bureau for examination and adoption . - draw an annual report on the execution of the budget of the National People’s Assembly and to be necessarily communicated to the deputies . - control the functioning of the National People’s Assembly’s administrative and financial services. Article 17: In addition to the competency vested in the Bureau of the Assembly in accordance with Article 14 above, the members of the Bureau are invested with missions related to: - the follow up of the deputies and adminitrative business, - the public relations , - the legislative business and the relationships with the Council of Nation and the Government . Article 18: The Bureau of the National People’s Assembly holds periodical meetings notified by its President. It may hold extraordinary meetings, if need be. The agenda of meetings is communicated to the members of the Bureau of the National People’s Assembly fourty-eight (48) hours before the planned meeting. Other items may be added. The decisions made by the Bureau are delivered to its members. the standing committees Article 19: The National People’s Assembly constitutes the following standing committees: the committee of legal and administrative affairs, and liberties , the committee of foreign affairs, co-operation and emigration , the committee of national defence, the committee of finance and budget , the committee of economic affairs, development, industry, trade and planning, the committee of education, higher education, scientific research, and religious affairs , the committee of agriculture, fishing and protection of environment ; the committee of culture, communication and tourism ; the committee of health, social affairs, labour, and vocational training ; the committee of housing, equipment, hydraulics, and national and regional plannig , the committee of transports and telecommunications , the committee of youth and sports, and associative activity.
THE COMPETENCY OF THE STANDING COMMITTEES Article 20: The committee of legal and administrative affairs and liberties is competent in the issues related to the constitutional revision, the organisation and functioning of public powers, the liberties and human rights, the electoral system, the magistrature status and legal organisation, the criminal law and the penal procedure, the civil law and the civil law
procedure, the administrative and territorial organisation, the status of persons, the laws related to wakf properties, the commercial law, the civil service status, the law related to political parties, the member of parliament status, the Rules of Procedure of the National People’s Assembly, the validation of the mandates of the new deputies, the particular status of the National People’s Assembly civil servants, and all other laws which
fall within its competenc Article 21: The committee of foreign affairs, co-operation and emigration is competent in the issues related to foreign affairs, to agreements and conventions, to international co-operation, and to the migrants issues. It takes part in the working out of the National People’s Assembly programme of external activity and follows up its implementation throughout the bilateral, regional and international and parliamentary meetings. The making up and sending out of parliamentary delegations as well as the welcome of foreign parliamentary delegations are decided by the Speaker of the National People’s Assembly, in coordination with the president of the Committee and the presidents of the parliamentary groups. It examines the international agreements and conventions and submits them to the National People’s Assembly for approval. It presents, in the framework of its competence, an account during the sitting planned by the National People’s Assembly to debate the foreign policy. Article 22: The committee of national defence is competent in the issues related to national defence. Article 23: The committee of finance and budget is competent in the issues related to budget, to the organic law related to finance laws, to taxation and customs systems,to currency, to credit, to banks, to insurances and guaranties. Article 24: The committee of economic affairs, development, industry, trade and planning is competent in the issues related to the economic system and reforms, to price system, to competition, to production, to trade exchanges, to development, to planning, to industry, to structuring, to energy, to mining, to partnership and investments. Article 25: The committee of education, higher education , scientific research, and religious issues is competent in the issues related to national education, to higher education, to scientific research, to technology and religious issues. Article 26 : The committee of agriculture, fishing and protection of environment is competent in the issues related to the organisation and development of agriculture, agricultural property, to breeding and fishing, to the protection of fauna and flora and environment. Article 27: The committee of culture, communication, and tourism is competent in the issues related to culture, to the protection and preservation of the cultural and historical heritage, to the promotion of communication and development of tourism. Article 28: The committee of health, social matters, labour, and vocational training is competent in the issues related to the moujahedeen (fighters),to children, widows and parents of chouhadas (martyrs), to the protection of childhood, of the mother, of family, to handicapped persons, to old persons, to national solidarity and social security, to general rules ruling labour, to the use of trade union right and employment, to health, and to vocational training. Article 29: The committee of housing, equipment, hydraulics, and national development is competent in the issues related to housing, to equipment, to hydraulics and to national development. Article 30: The committee of transports and telecommunications is competent in the issues related to transport and telecommunications. Article 31: The committee of youth and sport, and associative activity is competent in the issues related to youth, sport, and associative activity.
THE COMPOSITION OF STANDING COMMITTEES Article 32: At the beginning of each term of legislature, the National People’s Assembly sets up its standing committees for a one-year renewable duration, in conformity with its Rules of Procedure. The members of the standing committees may be, in full or in part, renewed, following the same modes as defined in the hereby Rules of Procedure. Article 33: Any deputy can be member of a standing committee. No deputy can be member of more than one standing committee. Article 34: The committee of finance and budget is made up of thirty (30) to fifty (50) members, at the utmost.The other standing committees are made up of twenty (20) to thirty (30) members, at the utmost. Article 35: The standing committees seats are distributed among the parliamentary groups in proportion to the number of their members.The quota of seats alloted to each group is equal to the quotient of the number of members reported to the maximum number of committees’ members as defined in article 34 above. This quotient is rounded up to the nearest number when the remainder is over 0.50. Article 36: The Parliamentary groups share out their members among the standing committees within the limited quotas provided for in article 35 above. The deputies who are not members in a parliamentary group are appointed, at their request, by the bureau to be members in a standing committee. The bureau manages to take into account the wishes of the interested deputies when appointing them. In case of a vacant seat or a resignation of a standing committee member, the vacant seat is filled up in conformity with the terms stated in article 35 above. Article 37: The sharing out of positions as president, vice president and rapporteur within the bureaux of Committees is agreed upon by the presidents of the parliamentary groups meeting with the bureau, on the initiative of the Speaker of the National People’s Assembly. The candidates are nominated and elected in conformity with the reached agreement. If no agreement is reached, the presidents of the committees , as well as the vice presidents and the rapporteurs , are elected in conformity with the provision in article 13 above.
THE PROCCEEDINGS OF STANDING COMMITTEES Article 38: The standing committees are referred to by the Speaker of the National People’s Assembly about any bill or law proposal falling within their competence, and all the documents and papers related to. Article 39: During the sessions,the standing committees are convened by their presidents, in order to examine the bills and questions referred to them by the Speaker of the National People’s Assembly. The standing committees are convened, during the interval between sessions, by the Speaker of the National People’s Assembly, in conformity with their agenda. However, they may not meet when the National People’s Assembly sits, except for a case of necessity and upon the agreement of the Assembly Bureau. Article 40: The debates within the standing committees are valid whatever the number of attending members is. Voting within standing committees is valid only when a majority of members is present. If no quorum is reached, a second sitting is held within 6 hours. The voting is therefore valid whatever the number of attending members is. Article 41: The Speaker of the National People’s Assembly and the vice presidents can attend the proceedings of the committees without the right to vote. Article 42: The proceedings of every standing committee are conducted by its president, deputized , in case of impediment, by the vice president. The proceedings are presented to the National People’s Assembly by the rapporteur of the committee. If he is absent, the president of the committee appoints a substitute. Article 43: When carrying out their duties, the standing committees may call in any qualified or experienced person, likely to help them to achieve their mission. Article 44: The concerned committee may call in to its meetings the delegate of the authors of a law proposal or amendment and hear him. Article 45: Any standing committee may request the bureau of the National People’s Assembly to submit , for advice, a bill or law proposal, to another standing committe. Article 46: The standing committees remain rightfully referred to for the issues which fall within their competence. In case of conflict of competence, between two or more committees, the bureau of the National People’s Assembly settles the question under dispute. Article 47: A brief report of the decisions taken during the standing committees meetings is drawn up. Article 48: The audio recording tapes are kept at the standing committee. They could be exploited only with an authorization from the president of the committee. They will be sent to the Assembly archives at the end of the term of office.
The conference of the presidents Article 49: The conference of the presidents is made up of the vice presidents of the Assembly and the presidents of the standing committees of the National People’s Assembly. It holds its meetings on a notification by the Speaker of the Assembly. The conference of the presidents is in charge of: · drawing up the agenda of the Assembly session , · preparing and assessing the Assembly sessions , · organising and co-ordinating the standing committees , · organizing the proceedings of the Assembly , · drawing up the schedule of the Assembly sittings, The agenda of the meeting is, except for an emergency case, fixed and distributed to the members fourty eight hours (48) before the holding of the meeting.
THE CO-ORDINATING COMMITTEE Article 50: The co-ordinating committee is made up of the members of the bureau, the presidents of the standing committees, and the presidents of the parliamentary groups. In addition to the consultation held by the Speaker of the National People’s Assembly with the parliamentary groups., the co-ordinating committee is consulted, if need be, about the issues related to : · the agenda , · the organisation and smooth running of the proceedings of the Assembly ; · the collection and the guarantee of the means related to the functioning of the parliamentary groups , The committee meets upon convening by the president or upon request of two (2) or more parliamentary groups. THE PARLIAMENTARY GROUPS Article 51: Deputies may form parliamentary groups. The parliamentary group is made up of at least ten (10) deputies. No deputy can be member of more than one parliamentary group. A deputy may not be a member of any parliamentary group. No party can set up more than one parliamentary group. It is prohibited to form parliamentary groups to defend particular, or corporatist, or local interests. Article 52: The parliamentary group is set up as soon as the bureau has taken note of the following documents: · Name of the group, · List of its members, · Name of the president and of the members of its bureau. These documents are published in the Official Journal of the debates. The president of the parliamentary group may appoint among the members of the bureau of the group, a substitute to represent him at the organs of the Assembly or during the plenary sittings. The setting up of the parliamentary group as well as its name, list of members, president, vice presidents, are announced during a plenary meeting of the National People’s Assembly The different parliamentary groups have at their disposal the human and material means in proportion with the number of their members, in order to ensure the smooth running of their work Article 53: Any change in the composition of a group, either due to a resignation, exclusion or new membership, is published in the Official Journal of the debate, after being communicated to the bureau by the group and, if need be, by the concerned deputy Article 54: As soon as the parliamentary groups are set up, areas are determined for each group within the hemicycle. The remaining areas are alloted to the deputies who do not belong to any parliamentary group. The seats inside the said areas are alloted for the entire duration of the mandate. SESSIONS Article 55: The date and the agenda of the meetings are communicated to deputies and to the Government at least fifteen (07) days before the concerned meeting. The agenda consists of: - in priority, the reported bills, - the reported law proposals , - the oral questions , - the various questions listed in conformity with the Constitution, the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government and the
rules of procedure hereunder. Bills and law proposals cannot be listed in the agenda of a meeting if the report of the concerned committe has not been distributed at least three (3) working days before the meeting. This provision does not apply to the Finance Bill. BILLS AND LAW PROPOSALS Article 56: The bills tabled by the Head of Government before the bureau of the National People’s Assembly are sent again by the Speaker to the concerned committee.He also sends again the law proposals to the concerned committee in conformity with article 25 of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as
well as the functional relationships between the Houses of Parliament and the Government. Article 57: Is inadmissible any amendment which object comes under the organic law, when it is introduced in the framework of a bill or law proposal which would have not been considered as organic. Article 58: The debates of the National People’s Assembly are valid whatever the number of attending members is. The presence of the majority of members is necessary to valid Voting. If no quorum is reached, voting is defered to a later meeting which cannot be held less than six (6) hours and more than twelve (12) hours at the latest. During that meeting,votes are validated whatever the number of attending deputies is. The quorum is checked by right,before any voting. The quorum is checked only once by every sitting. Article 59: The president of the meeting opens and closes the sitting ; he conducts the debates and sees to the respect of the rule of procedure and maintains the order. He may at any time suspend or adjourn the sitting. Article 60: Deputies wishing to intervene during a debate must previously register themselves at the chair of the meeting. The deputy is entitled to take the floor during the meeting in order to intervene on the substance of the issue, after the consent of the president No deputy may take the floor if not invited by the president. The member of the concerned committee cannot intervene during the general debate. Points of orders have priority on the interventions on the substance. The president calls to order any speaker who deviates from the discussed issue. AMENDMENTS Article 61: In conformity with article 28 of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government, the amendments to bills and to law proposals are presented by the Government, the concerned committee, or by ten (10) deputies. The amendments must be briefly justified. They have to relate to one or more articles of the tabled text, or to be directly related to the latter, if they bear on a supplementary article The amendments of the deputies are signed by all their authors and tabled within twenty four (24) hours following the beginning of the debate, the object of the amendments. The bureau judges the admissibility of the amendments as stated in the hereby article. The bureau of the National People’s Assembly decides whether to accept or reject the amendment in the form. If the amendment is rejected, the decision must be justified and notified to the delegate of the authors. The amendments declared as admissible, in pursuance of the previous paragraphs, are sent again to the concerned committee and communicated to Government and distributed to deputies. A decision on the issue is given during a plenary meeting of the People’s National Assembly. The members of the concerned committee cannot bring in, in the meaning of the article hereby, amendments written or signed with their authors. The amendments of the Government or those of the concerned committee may be presented at any time before voting on the article to which they apply. Article 62: The conclusions of the concerned committee, referred to about the amendments, appear in a complementary report which is drawn up on the issue, if need be. These conclusions may be presented orally when the Government brings in the amendment after the time limit provided for in paragraph 3 of the preceding article.
VOTING OF THE NATIONAL PEOPLE’S ASSEMBLY Article 63: The National People’s Assembly uses the secret or public vote, or by show of hands or, the nominative public vote, in the terms stated by articles 30 and 31 of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the
Government and the rules of procedure hereunder. The bureau of the National People’s Assembly fixes the voting modes, upon advice of the presidents of the parliamentary groups. The vote of the deputies of the National People’s Assembly is personal. However, in case of absence, the deputy may appoint one of his colleagues as his proxy to vote on his behalf. Voting by proxy is restricted to only one proxy per person. Article 64: The deputy is bound to participate to the National People’s Assembly meetings, as well as to the proceedings of the committee of which he is a member. The requests for absences at the National People’s Assembly meetings are sent to the Speaker and must be justified.
THE JOINT COMMITTEE Article 65: In conformity with the provisions of article 88 of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government, the Bureau of the National People’s Assembly appoints the representatives of the Assembly within the
joint committee of which five (05) members, at least, are from the concerned committee, including its president.The Bureau appoints also five (05) substitute members. Article 66: The Speaker of the National People’s Assembly puts at the disposal of the joint committee, meeting at the head office of the National People’s Assembly, all the necessary means for the smooth running of its proceedings. Article 67: The president of the joint committee, meeting at the head office of the National People’s Assembly, communicates the committee report to the Speaker of the Assembly who transmits it to the Head of Government.
ORAL QUESTIONS Article 68: In pursuance of article 71of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government, the Bureau of the Assembly determines the timing devoted to the presentation of the oral question by its author, to the answer made by
the member of the Government and their replies according to the number of the questions and their objects.
The National People’s Assembly Powers Of Control Article 68: The inquiry committees are set up and carry out their missions in conformity with the Constitution and the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional
relationships between the Houses of Parliament and the Government. They present their reports to the Speaker of the Assembly rightly after the end of their missions. The report is distributed to the members of the National People’s Assembly within a period of (30) days at the most as from the date of its presentation to the Speaker. The inquiry committee may ask for the prolongation of the delay as provided for in article 80 of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government only once and for a period not over six (06) months. At the end of the delay above-mentioned, the inquiry committee is bound to table to the Bureau of the Assembly all the documents and papers in its possession.
REPRESENTATION OF THE NATIONAL PEOPLE’S ASSEMBLYIN THE NATIONAL AND INTERNATIONAL INSTITUTIONS Article 70: The National People’s Assembly elects, among its members, its representatives in the national and international institutions in conformity with the texts which rule such institutions and with the provisions stated in this rules of procedure, mainly its article 13.
THE PROCEDURES FOR LIFTING Article 71: The parliamentary immunity is awarded to the deputies of the National People’s Assembly, in conformity with articles 109, 110 and 111 of the Constitution. Article 72: The request of lifting the parliamentary immunity is introduced before the bureau of the National People’s Assembly, by the Minister of Justice. Such a request is submitted to the committee in charge of legal affairs, which draws up a report within a two (2) months delay, from the date of seisin. The committee hears the concerned deputy, who may be assisted by one of his colleagues. The National People’s Assembly settles the question within a three (3) months delay from the date of seisin. The National People’s Assembly takes a decision during a meeting in camera, with secret vote, and in the majority of its members, after the examination of the committee report and that of the concerned deputy, who may be assisted by one of his colleagues. The inter-sessions are taken off for the deduction of the delays above-mentioned. Article 73: Upon notification by the Ministry of Justice, the bureau of the National People’s Assembly may institute a procedure for forfeiture of the deputy’s mandate, in pursuance of the provisions of article 106 of the Constitution, in conformity with the hereafter procedures: Upon the tabling by the bureau of the National People’s Assembly, the committee in charge of legal affairs considers the request for forfeiture of the deputy’s mandate and hears the concerned deputy. When the committee decides to approve the request, the National People’s Assembly is referred to in order to make a decision upon a secret vote with the majority of its members, during a meeting in camera, after
the examination of the committee report and that of the concerned deputy, who may be assisted by one of his colleagues. Article 74: In pursuance of article 107 of the Constitution, the National People’s Assembly may, upon a final verdict, revoke the mandate of one of its members who would have performed an action unworthy of his mandate. The revocation of the mandate is proposed by the bureau acting upon request of the competent legal authority. The request is examined in conformity with the procedure stated in the article 73 above.
DISCIPLINARY PROVISIONS Article 75: The disciplinary provisions likely to be applied to a member of the the National People’s Assembly are: · the calling to order , · the warning , · the withdrawal of the floor taken , · the forbidding to take the floor. Article 76: The Speaker of the National People’s Assembly or the Chairman of the meeting calls back to order. Any deputy disturbing the serenity of the debates is called back to order. A deputy, who is called back to order twice, is warned or who, is called to order for being not authorized to speak, may, if he persists, be withdrawn the floor until the end of the debate related to the issue under consideration. Article 77: The deputy is not allowed to take the floor in the following cases : 1) If he has been imposed three warnings regarding the same issue , 2) If has used violence during the meetings , 3) If he has created a major disturbance which has affected the order and the serenity within the meeting room , 4) If he has provoked or threatened one or more of his colleagues. Article 78: Forbidding a deputy to take the floor leads to be forbidden to take part in the debates and deliberations during the sittings of the National People’s Assembly, for three (3) days during the session. In case of repeated offence or if the deputy refuses to comply with the injunction from the Speaker of the National People’s Assembly or the chairman of the meeting, the forbidding is extended to six (6) days. Article 79: When the Speaker of the National People’s Assembly proposes to forbid a deputy to take the floor, the Bureau is convened to immediately hear the concerned deputy, before considering the issue and giving a decision about it. THE BUDGET Article 80: The National People’s Assembly enjoys the financial autonomy. The Assembly draft budget plan is adopted by its Bureau and is transmitted to the committee of finance and budget for opinion within the ten (10) days following the seisin subject to the provisions of articles 14 and 16 of the hereby rules of procedure. The draft budget plan, eventually modified with respect to the opinion of the committee of finance is communicated to the Government in order to be integrated into the Finance Bill. Subject to the provisions of article 103 of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government, the budget is fixed by the National People’s Assembly in the framework of the Finance Bill. Article 81 : The bureau of the National People’s Assembly determines, in so far as necessary, the particular rules applicable to the National People’s Assembly accounting. THE OFFICIAL JOURNAL OF DEBATES Article 82: In conformity with articles 7 and 8 of the Organic law which fixes the organization and the functioning of both the National People’s Assembly and the Council of Nation as well as the functional relationships between the Houses of Parliament and the Government, an integral report of every public sitting of the National People’s Assembly is drawn up and published within the thirty (30) days following the said meeting, in the official journal of debates. The deputies and the members of Government have the right to consult the texts of their interventions before being published in the official journal, as they are also entitled to correct them without, however, modifying the meaning or the content of their intervention. General instructions from the Bureau specify the nature and contents of the said official journal. The report of sittings, held in camera, is not published. THE NATIONAL PEOPLE’S ASSEMBLY ADMINISTRATIVE Article 83: The Secretary general ensures, under the authority of the Speaker of the National People’s Assembly, the management of the administrative and technical departments of the National People’s Assembly. Article 84: The civil servants of the National People’s Assembly are granted the rights and guarantees acknowledged to State civil servants. These rights and guarantees are established by a particular status, which is passed by the National People’s Assembly, upon proposal of the Bureau of the Assembly and published in the Official Journal of
the People’s Democratic Republic of Algeria. FINAL PROVISIONS Article 85: The provisions of the rules of procedure may be modified according to a resolution signed by at least thirteen (30) deputies or upon a request made by the Bureau of the Assembly. The modification of the rules of procedure may intervene only twelve (12) months after its adoption. Article 86: The provisions of the rules of procedure of the National People’s Assembly, modified and adopted on Rabie El Aouel 17th, 1418 H, corresponding to July 22nd, 1997 are abrogated. Article 87: The hereby rules of procedure is published in the Official Journal of the People’s Democratic Republic of Algeria. Published on Rabie Ethani 28th, 1421 Corresponding to July 30th, 2000. |