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.
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