Algerie

Ils Canary

Egypte (Siwa)
Lybie
Mali
Mauritanie
Maroc
Niger
Tunisie
 

ALGERIAN CONSTITUTION

 

PART TWO:
ORGANIZATION OF POWERS

CHAPTER I: The Executive Power

Art. 70 - The President of the Republic, Head of the State, embodies the unity of the Nation.

He is the guarantor of the Constitution.
He embodies the State within the country and abroad.
He addresses the Nation directly.

Art. 71 - The President of the Republic is elected by direct, secret, and universal suffrage.
The election acquired through the absolute majority of the expressed votes.
The other modes of presidential elections are defined by law.

Art. 72 - The President of the Republic exercises supreme magistracy within the limits defined by the Constitution.

Art. 73 - To be eligible for the Presidency of the Republic, the candidate shall:
- have only an Algerian nationality by origin;
- be a Muslim;
- be more than forty (40) years old the day of the election;
- enjoy full civil and political rights;
- prove the Algerian nationality of the spouse;
- justify his participation in the 1st of November 1954 Revolution for the candidates born before July 1942;
- justify the non-involvement of the parents of the candidate born after July 1942, in actions hostile to the 1st of November 1954 Revolution;
- submit a public declaration of his personal and real estate existing either within Algeria or abroad.

Other conditions as prescribed by law.

Art. 74 - The duration of the presidential mandate shall be five (5) years.

The President of the Republic may be reelected only once.

Art. 75 - The President of the Republic shall take an oath before the People and in the presence of the high authorities of the Nation in the week following his election.

He shall enter into office after taking the Oath.

Art. 76 - The President of the Republic shall take the Oath in the following terms [standard Arabic]:


(translation: "In the Name of God the Merciful and the Compassionate
Faithful to the great sacrifices and to the memory of our martyrs as well as to the ideals of the eternal November Revolution. I do solemnly swear by God the almighty that I will respect and glorify the religion of Islam, defend the Constitution, see to the continuity of the State and provide the necessary conditions for the normal functioning of the reinforcement of the democratic process, respect the free choice of the people, as well as the institutions and laws of the Republic, preserve the integrity of the national territory, the unity of the people and the nation, protect the fundamental human and citizen rights and liberties, work for the development and progress of the people and put all my strength toward the achievement of the great ideals of justice, freedom, and peace in the world.
As God is my witness.")

Art. 77 - In addition to the powers explicitly bestowed upon him by other provisions of the Constitution, the President of the Republic shall have the following powers and prerogatives:

1 - Supreme Chief of all the Armed Forces of the Republic;
2 - responsibility for the National Defense;
3 - to decide and implement the Nation's foreign policy;
4 - to preside over the Cabinet;
5 - to appoint the Head of Government and terminates his functions;
6 - to sign presidential decrees;
7 - the right to pardon, remis, or commute punishments;
8 - to refer to the People through a referendum on any issue of national importance;
9 - to conclude and ratify international treaties;
10 - to award State medals, decorations, and honorific titles.

Art. 78 - The President of the Republic shall appoint:

1 - posts and mandates provided by the Constitution:
2 - State civil and military posts;
3 - nominations decided in the Cabinet;
4 - the President of the Council of State;
5 - the Secretary General of the Government;
6 - the Governor of the Bank of Algeria;
7 - the Magistrates;
8 - high officials of security bodies;
9 - the provincial governors.

The President of the Republic shall appoint and recall ambassadors and special envoys of the Republic abroad. He shall receive the credentials and letters of recall of foreign diplomatic representatives.

Art. 79 - The Head of Government shall present the members of the Government he has chosen to the President of the Republic who shall appoint them.

The Head of Government shall establish a program and submit it to the Cabinet.

Art. 80 - The Head of Government shall submit his program for approval to the People's National Assembly. This latter shall open, for this purpose, a general debate.

The Head of Government may adapt his program according to this debate.

The Head of Government shall address a communication about his program to the Council of the Nation.

The Council of the Nation may issue a resolution.

Art. 81- In case of non-approval of his program by the People's National Assembly, the Head of Government shall present the resignation of his Government to the President of the Republic.

This latter shall again appoint a Head of Government in accordance with the same methods.

Art. 82 - If the approval of the People's National Assembly is not obtained, the People's National Assembly shall be dissolved de jure.

The Government in office shall be kept in position in order to manage daily affairs until the election of a new People's National Assembly within a maximum period of three (3) months.

Art. 83 - The Head of Government shall execute and coordinate the program adopted by the People's National Assembly.

Art. 84 - The Government shall present, annually, a general policy declaration to the People's National Assembly.

The general policy declaration shall be followed by a debate on the action of the Government.

This debate may conclude with a resolution.

It may also lead the People's National Assembly to bring in a vote of censure, in accordance with the provisions of articles 135, 136 and 137 mentioned below.

The Head of Government may ask the People's National Assembly for a vote of confidence. If the motion of confidence is not voted, the Head of Government shall present the resignation of his Government.

In this case, the President of the Republic may, before accepting the resignation, use the provisions of article 129 mentioned below.

The Government may also present a general policy declaration to the Council of the Nation.

Art. 85 - In addition to the powers bestowed upon him explicitly by other provisions of the Constitution, the Head of Government shall exercise the following functions:

1 - he shall distribute the functions among the members of the Government in accordance with the provisions of the Constitution;
2 - he shall preside over the Council of Government;
3 - he shall see to the execution of laws and rules;
4 - he shall sign executive decrees;
5 - he shall appoint to state offices, without prejudice, as provided in above-mentioned articles 77 and 78;
6 - he shall see to the best functioning of the public administration.

 

Art. 86 - The Head of Government may present to the President of the Republic the resignation of his Government.

 

Art. 87 - The President of the Republic cannot, in any case, delegate the power to appoint the Head of Government, the members of the Government, as well as the presidents and members of constitutional institutions for whom another mode of designation is not provided by the Constitution.

Moreover, he cannot delegate his power to resort to referendum, to dissolve the People's National Assembly, to decide on anticipated legislative elections, to implement the provisions of articles 77, 78, 91, 93 to 95, 97, 124, 127 and 128 of the Constitution.

 

Article 88 - If the President of the Republic, because of serious and long-lasting illness, happens to be incapacitated and cannot carry out his functions, the Constitutional Council shall meet de jure, and after having verified the reality of the impediment by the appropriate means, proposes, unanimously, to Parliament to declare a state of impediment.

Parliament shall convene, with both chambers together, and declare a state of impediment of the President of the Republic, with a majority of two-thirds (2/3) of its members and shall charge the President of the Council of the Nation with standing in for the Head of State during the interim for a maximum period of forty-five (45) days, at which time he will execute his prerogatives in accordance with the provisions of Article 90 of the Constitution.

If the impediment continues at the expiration of the forty- five (45)-day period, a declaration of vacancy by resignation de jure is made in accordance with the procedure mentioned in the above paragraphs and the provisions of the following paragraph of the present Article.

In case of resignation or death of the President of the Republic, the Constitutional Council shall meet de jure and ascertain the permanent vacancy of the Presidency of the Republic.

It shall immediately communicate the permanent vacancy declaration act to Parliament which meets de jure.
The President of the Council of the Nation assumes the charge of Head of State for a maximum period of sixty (60) days, during which presidential elections are organized.

The Head of State, thus designated, cannot be a candidate to the Presidency of the Republic.

In case the resignation or the death of the President of the Republic comes in conjunction with the vacancy of the Presidency of the Council of the Nation, whatever the cause may be, the Constitutional council shall meet de jure and ascertain, unanimously, the permanent vacancy of the Presidency of the Republic and the impediment of the President of the Council of the Nation. In this case, the President of the Constitutional Council shall assume the function of the Head of State in accordance with the conditions defined 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 - When one of the candidates of the second round of the presidential elections dies, withdraws, or is hindered for any reason, the President of the Republic in office or who assumes the function of Head of State remains in office until the proclamation of the election of the President of the Republic.

In this case, the Constitutional Council extends the period of organizing the election for a maximum period of sixty (60) days.

The organic law will determine the conditions and modes of implementing the present provisions.

 

Article 90 - The Government in office at the time of the impediment, the death or the resignation of the President of the Republic cannot be resigned or reshuffled until the new President of the Republic comes into office.

In such case as the Head of Government in office is a candidate for the Presidency of the Republic, he shall resign de jure. The function of the Head of Government is assumed by a member of the Government appointed by the Head of State.

During the periods of forty five (45) days and sixty (60) days provided for by Articles 88 and 89, the provisions in paragraphs 7 and 8 of Article 77 and Articles 79, 124, 129, 136, 137, 174, 176, 177 of the Constitution cannot be implemented.

During these same periods, the provisions of Articles 91, 93, 94, 95, 97 of the Constitution cannot be implemented unless Parliament sitting in both chambers, convened together, gives its approval, the Constitutional Council and the High Security Council having been consulted beforehand.

Article 91 - In case of urgent necessity, the High Security Council convened, the President of the People's National Assembly, the President of the Council of the Nation, the Head of Government and the President of the Republic shall decree a state of emergency or a state of siege for a definite period and take all necessary measures to restore the situation.

The duration of the state of emergency or the state of siege cannot be extended except with approval of Parliament sitting in both chambers convened together.

Art 92 - The organization of the state of emergency and the state of siege is defined by organic law.

Article 93 - When the country is threatened by an impending danger to its institutions, to its independence or to its territorial integrity, the President of the Republic shall decree the state of exception.

Such a measure is taken after referring to the President of the People's National Assembly, the President of the Council of the Nation and the Constitutional Council, and hearing the High Security Council and the Cabinet.

The state of exception entitles the President of the Republic to take exceptional measures dictated by the safeguarding of the independence of the Nation and the institutions of the Republic.

Parliament meets de jure. The state of exception will end in the same way and according to the same procedures mentioned above and which led to its proclamation.

Art 94 - Once the High Security Council has been heard and the President of the People's National Assembly and the President of the Council of the Nation have been consulted, the President of the Republic shall decree a general mobilization during the meeting of the Cabinet.

Article 95 - Once the Cabinet has met, the High Security Council has been heard, the President of the People's National Assembly and the President of the Council of the Nation has been consulted, the President of the Republic shall declare war in the case of effective or impending aggression, in accordance with the relevant provisions of the United Nations Charter.

Parliament shall meet de jure. The President of the Republic shall address a message informing the Nation.

Article 96 - During the period of the state of war, the Constitution shall be suspended and the President of the Republic assumes all the powers.

When the mandate of the President of the Republic expires, it is extended de jure until the end of the war.

In such case as the President of the Republic should resign or die or have any other impediment, the President of the Council of the Nation shall assume, as Head of State and within the same conditions as that of the President of the Republic, all the prerogatives required by the state of war. In such case as there is a conjunction of the vacancy of the Presidency of the Republic and the Presidency of the Council of the Nation, the President of the Constitutional Council shall assume the function of the Head of State within the conditions provided above.

Article 97 - The President of the Republic shall sign armistice agreements and peace treaties.

He shall receive the opinion of the Constitutional Council on relevant agreements. He shall submit the latter immediately to be explicitly approved by each of the two chambers of Parliament.


CHAPTER II: The Legislative Power

Article 98 - Legislative power shall be exercised by a parliament, consisting of two chambers, the People's National Assembly and the Council of the Nation. Parliament shall be sovereign to elaborate and vote the law.

Article 99 - Parliament shall control the actions of the Government within the conditions defined by Articles 80, 84, 133 and 134 of the Constitution.
The control, provided for in Articles 135 to 137 of the Constitution, shall be carried out by the People's National Assembly.

Article 100 - Parliament should, within its constitutional attributions, remain faithful to the trust of the people and be permanently aware of their aspirations.

Art. 101 - The members of the People's National Assembly shall be elected by means of a direct and secret universal suffrage.
Two-thirds (2/3) of the members of the Council of the Nation shall be elected by means of indirect and secret suffrage among and by the members of the People's Communal Assemblies and the People's Wilaya Assemblies.
One third (1/3) of the members of the Council of the Nation is designated by the President of the Republic from among national personalities and qualified persons in the scientific, cultural, professional, economic and social fields. The number of members of the Council of the Nation shall be equal to half, at the most, of the members of the People's National Assembly. The modes of implementing paragraph 2 above-mentioned are defined by law.

Art. 102 - The People's National Assembly shall be elected for a period of five (5) years.
The mandate of the Council of the Nation shall be limited to six (6) years.
Half the members of the Council of the Nation shall be renewed every three (3) years.
The mandate of Parliament shall not be extended unless there are very exceptional circumstances which hinder the normal progress of elections.
This situation shall be ascertained by a decision of Parliament, sitting in both chambers, convened together, following a proposal of the President of the Republic and consulation of the Constitutional Council.

Art. 103 - The modes for the election of deputies and those concerning the election or the appointment of members of the Council of the Nation, the conditions of eligibility, the rules of ineligibility and incompatibility shall be defined by organic law.

Art. 104 - The validation of the mandate of the deputies and that of the members of the Council of the Nation comes within the respective competence of each of the two chambers.

Art. 105 - The mandate of the deputy and a member of the Council of the Nation is national. It may be renewed and may not be concurrent with another mandate or function.

Art. 106 - The deputy or the member of the Council of the Nation who does not fulfill or no longer fulfills the conditions of his eligibility shall forfeit his mandate.

This forfeiture shall be decided on a case basis by the People's National Assembly or the Council of the Nation by a majority of their members.

Art. 107 - A deputy or member of the Council of the Nation shall commit himself before his peers, who may revoke his mandate if he commits a shameful action during his mission.

The internal rules of each of the two chambers define the conditions of excluding a deputy or a member of the Council of the Nation. The exclusion is decided on a case basis by the People's National Assembly or the Council of the Nation, by a majority of its members, without prejudice to other common law pursuits.

Art. 108 - The conditions by which Parliament shall accept the resignation of one of its members shall be defined by organic law.

Art. 109 - Parliamentary immunity shall be recognized for deputies and members of the Council of the Nation during the period of their mandate.

They shall not be subject to lawsuits, arrest, or in general, to any civil or penal action or pressure because of opinions they expressed, utterances they made or votes they gave during the exercise of their mandate.

Art. 110 - Lawsuits shall not be instituted against a deputy or a member of the Council of the Nation for crimes or infringements unless there is an explicit renunciation of the concerned or an authorization from the People's National Assembly or the Council of the Nation which may decide, on a case basis, by a majority of its members, to lift the immunity.

Art. 111 - In case of flagrant infringement or flagrant crime, the deputy or the member of the Council of the Nation may be arrested. The bureau of the People's National Assembly or of the Council of the Nation, depending on the case, shall be informed immediately.

The informed bureau may ask for the suspension of lawsuits and the liberation of the deputy or the member of the Council of the Nation; it shall then proceed according to the provisions of above-mentioned article 110.

Art. 112 - Organic law shall define the conditions for the replacement of a deputy or a member of the Council of the Nation in case there is vacancy of his seat.

Art. 113 - The term of the legislative body shall begin, de jure, the tenth day following the date of the election of the People's National Assembly, under the chairmanship of the oldest member assisted by the two youngest deputies.

The People's National Assembly shall elect its bureau and form its committees.

The above-mentioned provisions shall apply to the Council of the Nation.

Art. 114 - The President of the People's Assembly shall be elected for the term of the legislative body.

The President of the Council of the Nation shall be elected after each partial renewal of the members of the Council.

Art. 115 - The organization and the functioning of the People's National Assembly and the Council of the Nation, as well as the functional relations between the chambers of Parliament and the Government shall be defined by organic law.

The budget of the chambers, as well as the salaries of the deputies and the members of the Council of the Nation, shall be defined by law.

The People's National Assembly and the Council of the Nation shall elaborate and adopt their internal rules.

Art. 116 - The sittings of Parliament shall be public.

The proceedings shall be recorded in a book and published in accordance with the conditions defined by organic law.

The People's National Assembly and the Council of the Nation may sit behind close chambers upon a request made by their presidents, by the majority of their members present, or by the Head of Government.

Art. 117 - The People's National Assembly and the Council of the Nation shall set up permanent committees in the framework of their internal rules.

Art. 118 - Parliament shall meet for two ordinary sessions a year, each lasting a minimum period of four (4) months.

Parliament may hold a meeting in an extraordinary session on the initiative of the President of the Republic.

The President of the Republic may hold a meeting of Parliament on the request of the Head of Government or by a two-thirds (2/3) vote of the members of the People's National Assembly.

The closure of the extraordinary session shall come after Parliament has exhausted the agenda for which it was convened.

Art. 119 - The Head of Government and the deputes shall have the right to initiate laws.

To be admissible, proposed laws shall be introduced by twenty (20) deputies.

Draft laws shall be presented in the Cabinet following the opinion of the Council of State, then submitted to the bureau of the People's National Assembly by the Head of Government.

Art. 120 - To be adopted, any draft law or law proposal should be debated successively by the People's National Assembly and the Council of the Nation.

The discussion of draft laws or law proposals by the People's National Assembly shall concern the text with which it is presented.

The Council of the Nation shall deliberate the text voted by the People's National Assembly and adopt it by a majority of three quarters (3/4) of its members.

In case there is a disagreement between the two chambers, a committee of equal representation of the two chambers shall meet on the request of the Head of Government to propose a text on the provisions, which are the subject of disagreement.

This text shall be submitted by the Head of Government to be adopted by the two chambers and cannot be amended except with the agreement of the Government.

In case the disagreement persists, the text shall be withdrawn.

Parliament shall adopt the financial law within a period of, at the most, seventy five-(75) days from the date it was submitted, in accordance with the preceding paragraphs.

In such case as it is not adopted within the time limit, the President of the Republic shall promulgate a draft text of the Government by ordinance.

Other procedures shall be defined by organic law, as mentioned in article 115 of the Constitution.

Art. 121 - Any law proposal which leads to or the subject of which is to reduce public resources or increase public expenses shall be inadmissible unless it is accompanied by measures aiming at increasing State income or, at least, saving correspondingly on other items of public expenses.

Art. 122 - Parliament shall legislate in the domains it has been assigned by the Constitution, as well as the following domains:

1 - fundamental rights and duties of the individuals, in particular, the rules of public liberties, the safeguard of individual liberties and the obligations of the citizens;
2 - general rules concerning personal family statutes and, in particular, marriage, divorce, affiliation, capacity, and inheritance;
3 - conditions of individual establishments;
4 - basic legislation concerning Nationality;
5 - general rules related to the condition of foreigners;
6 - rules related to the judiciary organization and establishment of jurisdictions;
7 - general rules of penal law and procedures; and in particular, the determination of crimes and infringements, the institution of corresponding punishments of any nature, amnesty, extradition and the penitentiary system;
8 - general rules of civil procedure and means of execution;
9 - rules of civil, trade and property obligations;
10 - territorial allotment of the country;
11 - adopting a national plan;
12 - voting of the State budget;
13 - setting up a tax base and rate; contributions and duties of any nature;
14 - customs regulations;
15 - money issuing regulations and bank, credit and insurance rules;
16 - general rules related to teaching and scientific research;
17 - general rules related to public health and population;
18 - general rules related to employment laws, social security, and the exercise of trade union rights;
19 - general rules related to the environment, living space, and land management;
20 - general rules related to the protection of fauna and flora;
21- protection and safeguard of the cultural and historic heritage;
22 - general regulation for forests and grazing lands;
23 - general regulation for water;
24 - general regulation for mines and hydrocarbons;
25 - land regulation;
26 - the fundamental guaranties granted to civil servants and the general statute of civil service;
27 - general rules related to National Defense and the use of armed forces by civil authorities;
28 - rules of property transfer from the public to private sector;
29 - the creation of types of establishments;
30- instituting State medals, distinctions, and honorific titles.

Art. 123 - In addition to the domains intended for organic laws by the Constitution, Parliament shall legislate through organic laws in the following fields:

- organization and functioning of public powers;
- electoral regulation;
- law pertaining to political parties;
- law related to information;
- statute of magistracy and judiciary organization;
- law in the framework of financial laws;
- law pertaining to national security.

Organic law shall be adopted by an absolute majority of the deputies and a majority of three quarters (3/4) of the members of the Council of the Nation.

It shall be submitted to the Constitutional Council for a conformity control before its promulgation.

Art. 124 - The President of the Republic may legislate, by ordinance, in case there is a vacancy of the People's National Assembly or in-between sessions of Parliament.

The President of the Republic shall submit the texts he enacted for approval by each of the two chambers of Parliament in its next session.

Ordinances not adopted by Parliament are void.

The President of the Republic may legislate, by ordinance, in case of a state of exception as defined by article 93 of the Constitution.

Ordinances are submitted at Cabinet meetings.

Art. 125 - The President of the Republic shall exercise the powers pertaining to regulations for matters other than those intended by law.

The implementation of laws is the domain of the Head of Government.

Art. 126 - The law shall be promulgated by the President of the Republic within thirty (30) days from the date it is submitted.

However, when the Constitutional Council is called upon by one of the authorities mentioned in article 166 below, before the promulgation of the law, this time limit shall be suspended until the Constitutional Council expresses its opinion in accordance with the conditions defined by article 167 below.

Art. 127 - The President of the Republic may request a second reading of the voted law within thirty (30) days following its adoption.

In this case, a majority of two thirds (2/3) of the deputies of the People's National Assembly shall be required for the law to be adopted.

Art. 128 - The President of the Republic may address a message to Parliament.

Art. 129 - The President of the People's National Assembly, the President of the Council of the Nation, and the Head of Government being consulted, the President of the Republic may decide to dissolve the People's National Assembly or the Organization of anticipated general elections.

In both cases, general elections shall be held within a maximum time limit of three (3) months.

Art. 130 - Parliament may open a debate on foreign policy upon a request made by the President of the Republic or one of the presidents of the two chambers.

The debate may end, in such case, with a resolution of both chambers of Parliament, convened together, which will be sent to the President of the Republic.

Art. 131- Armistice agreements, peace, alliance and union treaties, treaties related to State borders, as well as treaties involving expenses not provided for in the State budget, shall be ratified by the President of the Republic following explicit approval by each of the chambers of Parliament.

Art. 132 - Treaties ratified by the President of the Republic in accordance with the conditions provided for by the Constitution are superior to the law.

Art. 133 - Members of Parliament may call upon the Government on a topical issue.

The committees of Parliament may hear the members of the Government.

Art. 134 - Members of Parliament may address verbally or in written form any question to any member of the Government.

Answers to written questions should be provided in written form within a maximum time limit of thirty (30) days.

Answers to verbal questions shall be given in session.

If one of the two chambers consider that verbal or written answers of a member of the Government justifies a debate, this latter is opened in accordance with the conditions provided for by the rules of procedure of the People's National Assembly and the Council of the Nation.

The questions and answers shall be published in accordance with the same conditions as those of the minutes of the proceedings of Parliament's debates.

Art. 135 - In debating the general policy declaration, the People's National Assembly may sue the Government's responsibility through voting a motion of censure.

Such a motion shall be admissible only if it was signed by at least one-seventh (1/7) of the number of deputies.

Art. 136 - The motion of censure should be approved by a majority of two-thirds (2/3) of the deputies.

The vote shall take place only three days after the motion of censure is brought in.

Art. 137 - If the motion of censure is adopted by the People's National Assembly, the Head of Government shall submit the resignation of his Government to the President of the Republic.

 


CHAPTER III: The Judicial Power

Art. 138 - Judicial Power shall be independent. It shall be exercised within the framework of the law.

Art. 139 - Judicial Power shall protect society and liberties. It shall guarantee, to all and to everyone, the safeguard of their fundamental rights.

Art. 140 - Justice shall be founded on the principles of lawfulness and equality.

It shall be the same for all, accessible for all, and expressed by respect of the law.

Art. 141 - Justice shall be dispensed on behalf of the People.

Art. 142 - Punishments should comply with the principles of lawfulness and individuality.

Art. 143 - The Court shall deal with appeals against the decisions of administrative authorities.

Art. 144 - The decisions of the Court shall be justified and pronounced in public hearings.

Art. 145 - All the qualified State bodies should ensure, at any time, in any place, and in any circumstances, the execution of Court decisions.

Art. 146 - Justice shall be pronounced by magistrates. They may be assisted by People's assessors in accordance with the conditions defined by law.

Art. 147 - The judge shall obey only the law.

Art. 148 - The judge shall be protected against any form of pressure, interventions, or maneuvers, which prejudice his mission or the respect of his free will.

Art. 149 - The magistrate shall be answerable before the High Council of Magistracy and within the forms prescribed by law in the way he accomplishes his task.

Art. 150 - The law shall protect the justiciary against any abuse or deviation of the judge.

Art. 151 - The right to defense shall be recognized.

In penal matters, it shall be guaranteed.

Art. 152 - The High Court shall be the regulating body of the activities of the courts and tribunals.

A Council of State shall be instituted as the regulating body of activities of the administrative jurisdictions.

The High Court and the Council of State are responsible for the unification of jurisprudence throughout the country and shall see to the respect of the law.

A Tribunal of Conflicts shall be instituted to settle conflicts of competency between the High Court and the Council of State.

Art. 153 - The organization, functioning, and other attributions of the High Court, the Council of State, and the Tribunal of Conflicts shall be defined by organic law.

Art. 154 - The High Council of Magistracy shall be presided by the President of the Republic.

Art. 155 - The High Council of Magistracy shall decide, within the conditions defined by law, the appointment, transfer, and progress of the magistrates' careers.

It sees to the respect of provisions provided for the statute of the magistracy and the control of discipline under the chairmanship of the First President of the High Court.

Art. 156 - The High Council of Magistracy shall provide a prior consultative opinion for the exercise of the right of free pardon by the President of the Republic.

Art. 157 - The composition, functioning, and other prerogatives of the High Council of Magistracy shall be defined by organic law.

Art. 158 - A High Court of State shall be instituted to deal with actions committed by the President of the Republic that can be qualified as high treason and with crimes and infringements committed by the Head of Government during the exercise of their office.

The composition, organization and functioning of the High Court of State, as well as the procedures of implementation, shall be defined by organic law.

 Constitution's Table of Contents

 Part III

 

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