Algeria

Constitution of the People's Republic of Algeria (1996, last amended 2008)

Updated: June 2015

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Article 50 states:

Every citizen meeting the legal requirements is a voter and qualified to be elected.

 

Excerpt from the Constitution of the People's Republic of Algeria (1996, last amended 2008)

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Article 88 states:

Whenever the President of the Republic, because of serious and enduring illness, finds himself in a total incapacity to exercise his functions, the Constitutional Council shall meet as of right and, after having verified by all appropriate means that the incapacity indeed exists, shall propose to the Parliament by unanimity to declare a state of incapacity. The Parliament shall declare the state of incapacity of the President of the Republic in a joint session of both chambers by a two-thirds (2/3) majority of its members, and shall appoint the President of the Council of the Nation for a maximum period of forty-five (45) days as interim Head of State, who shall exercise his powers in accordance with the provisions of Article 90 of the Constitution. If the incapacity continues beyond the period of forty-five (45) days, it shall proceed to a declaration of vacancy caused by legally mandated resignation according to the procedure stipulated in the paragraphs below and the provisions of the following paragraphs of this Article. In case of resignation or death of the President of the Republic, the Constitutional Council shall meet as of right and declare the definitive vacancy of the Presidency of the Republic. It shall communicate immediately the act of the declaration of definitive vacancy to the Parliament which meets as of right. The President of the Council of the Nation shall assume the duties of Head of State for a maximum period of sixty (60) days, during which presidential elections shall be organized. The Head of State so designated cannot be a candidate for the Presidency of the Republic. In case of coincidence of the resignation or the death of the President of the Republic with a vacancy in the Presidency of the Council of the Nation, for whatever cause, the Constitutional Council shall meet as of right and declare by unanimity a definitive vacancy of the Presidency of the Republic and the incapacity of the President of the Council of the Nation. In that case the President of the Constitutional Council shall assume the duties of the Head of State on the conditions specified in the preceding paragraphs of the present Article and Article 90 of the Constitution. He cannot be a candidate for the Presidency of the Republic.

 

Article 89 states:

When one of the candidates taking part in the second round of the presidential elections dies, retires, or is incapacitated for any other reason, the acting President of the Republic or the person who assumes the function of the Head of State shall remain in office [en fonction] until the proclamation of election of the President of the Republic. In that case, the Constitutional Council shall prolong the period for the organization of the elections up to a maximum of sixty (60) days.An Institutional Act law shall determine the conditions and modalities for implementing the present provisions.

 

Article 90 states:

The Government in office at the time of the temporary incapacity, the death or the resignation of the President of the Republic cannot be dismissed from office or reshuffled before the new President of the Republic assumes his functions…

 

Article 96 states:

During the state of war the Constitution shall be suspended and the President of the Republic shall assume all powers. When the term of the President of the Republic ends, it shall be extended as of right until the end of the war. In case of the resignation or death of the President of the Republic or any other incapacity the President of the Council of the Nation shall assume in his role as Head of State in the same conditions as the President of the Republic all the powers required by the state of war. In case of a coincidence of the vacancy in the Presidency of the Republic with a vacancy in the Presidency of the Council of the Nation, the President of the Constitutional Council shall assume the responsibilities of Head of the State in the conditions stated above.

 

Excerpts from the Constitution of the People's Republic of Algeria (1996, last amended 2008)

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Article 88 states:

Whenever the President of the Republic, because of serious and enduring illness, finds himself in a total incapacity to exercise his functions, the Constitutional Council shall meet as of right and, after having verified by all appropriate means that the incapacity indeed exists, shall propose to the Parliament by unanimity to declare a state of incapacity. The Parliament shall declare the state of incapacity of the President of the Republic in a joint session of both chambers by a two-thirds (2/3) majority of its members, and shall appoint the President of the Council of the Nation for a maximum period of forty-five (45) days as interim Head of State, who shall exercise his powers in accordance with the provisions of Article 90 of the Constitution. If the incapacity continues beyond the period of forty-five (45) days, it shall proceed to a declaration of vacancy caused by legally mandated resignation according to the procedure stipulated in the paragraphs below and the provisions of the following paragraphs of this Article. In case of resignation or death of the President of the Republic, the Constitutional Council shall meet as of right and declare the definitive vacancy of the Presidency of the Republic. It shall communicate immediately the act of the declaration of definitive vacancy to the Parliament which meets as of right. The President of the Council of the Nation shall assume the duties of Head of State for a maximum period of sixty (60) days, during which presidential elections shall be organized. The Head of State so designated cannot be a candidate for the Presidency of the Republic. In case of coincidence of the resignation or the death of the President of the Republic with a vacancy in the Presidency of the Council of the Nation, for whatever cause, the Constitutional Council shall meet as of right and declare by unanimity a definitive vacancy of the Presidency of the Republic and the incapacity of the President of the Council of the Nation. In that case the President of the Constitutional Council shall assume the duties of the Head of State on the conditions specified in the preceding paragraphs of the present Article and Article 90 of the Constitution. He cannot be a candidate for the Presidency of the Republic.

 

Article 89 states:

When one of the candidates taking part in the second round of the presidential elections dies, retires, or is incapacitated for any other reason, the acting President of the Republic or the person who assumes the function of the Head of State shall remain in office [en fonction] until the proclamation of election of the President of the Republic. In that case, the Constitutional Council shall prolong the period for the organization of the elections up to a maximum of sixty (60) days. An Institutional Act law shall determine the conditions and modalities for implementing the present provisions.

 

Article 90 states:

The Government in office at the time of the temporary incapacity, the death or the resignation of the President of the Republic cannot be dismissed from office or reshuffled before the new President of the Republic assumes his functions…

 

Article 96 states:

During the state of war the Constitution shall be suspended and the President of the Republic shall assume all powers. When the term of the President of the Republic ends, it shall be extended as of right until the end of the war. In case of the resignation or death of the President of the Republic or any other incapacity the President of the Council of the Nation shall assume in his role as Head of State in the same conditions as the President of the Republic all the powers required by the state of war. In case of a coincidence of the vacancy in the Presidency of the Republic with a vacancy in the Presidency of the Council of the Nation, the President of the

Constitutional Council shall assume the responsibilities of Head of the State in the conditions stated above.

 

Excerpts from the Constitution of the People's Republic of Algeria (1996, last amended 2008)