revision de la constitutionALGIERS – The draft Revision of the Constitution, made public Tuesday in Algiers, includes several amendments. Here are the key points:

  • Democratic alternation through "free and fair elections" and "the separation of powers, including the independence of justice";
  • Youth is the center of the national commitment to take up the economic, social and cultural challenges. This commitment will benefit the future generations;
  • Arabic, a national and official language and remains the official language of the State (art3). The creation of High Council of the Arabic Language under the President of the Republic;
  • Tamazight is also a national and official language (Art 3a), with the creation of an Algerian Academy of the Amazigh language, placed under the President of the Republic;
  • The President is re-elected (Article 47) for one (5-year) term only once. This article can’t be revised (Article 178); 
  • The Parliamentary opposition enjoys the rights to effective participation in parliamentary work. Each House of Parliament dedicates a monthly meeting to discuss an agenda presented by one or more parliamentary groups of the opposition (article 99a);
  • Possibility of referral to the Constitutional Council on the laws passed by Parliament (Article 99a and article 166);
  • In case of vacancy of the NPC or during the parliamentary recess, the President of the Republic may, on urgent matters, legislate by ordinance, after consulting the Council of State (Art124); 
  • Prime Minister must present annually a declaration on general policy at the Lower House (Art124); 
  • The Parliament sits annually, in an ordinary session for a minimum of ten (10) months. It begins on the second business day of September;
  • Creation of a High Independent Authority of Election Monitoring (Article 170ter); 
  • The Superior Council of Magistracy has administrative and financial autonomy. (Article 157);
  • Pre-trial detention is an exceptional measure, whose motivations, duration and extension conditions are defined by law (art47);
  • Bills relating to the local organization, country planning and territorial division are tabled to the Council of the Nation (art119a);
  • Referral by the President of the Republic, the President of the Council of Nation, the President of the National Assembly or the Prime Minister to the Council of the Constitution. (Article 166); 
  • Freedom of conscience and freedom of opinion are inviolable (art36); 
  • Freedom of investment and trade is recognized. It operates under the law (article 37); 
  • Academic freedoms and freedom of scientific research is guaranteed and shall be exercised within the framework of the law (article 38);
  • The State works to promote parity between men and women in the labor market (art31a);
  • Freedom of written and audiovisual press is guaranteed. It is not restricted by any form of prior censorship. (Art41ter);*
  • Establishment of a High Islamic Council under the President of the Republic;
  • Establishment of a High Security Council chaired by the President of the Republic. Its task is to give advice on all issues relating to national security;
  • Creation of a National Council on Human Rights under the President of the Republic, guarantor of the Constitution (173-1);
  • Creation of a High Council of Youth, a consultative body under the President of the Republic (art173-3);
  • Creation of a National Body for prevention and fight against corruption; an independent administrative authority under the President of the Republic. (Art173-5);
  • Creation of a National Council for Scientific and Technologic Research (art173-9).

APS, 05 January 2016