Algeria Constitutional Council May Postpone The Presidential Elections

The Constitutional Council is officially heading towards the annulment of the presidential elections of July 4, due to the absence of “serious” candidates to reach the presidency, once the heads of the political parties decide to withdraw from the elections, it is certain that these elections will not take place under the current circumstances, though realizing one of the Algerians popular movement’s demands.

Practically, it seems that the presidential elections that were called for by President Abdelkader Ben Saleh will not be held in the absence of candidates who want to run in a controversial and unpopular election, after the withdrawal of El Mostakbal party Chairman Abdelaziz Belaid, the head of the Republican National Alliance Belkacem Sahli and the free candidate Ali Ghadiri, only unknown Algerian candidates remain in the national arena, to make sure that the conditions for their organization and conduct are not appropriate and are unacceptable.

Amer Rekhila: “The solution lies in the application of Article 103 of the Constitution”

Pending the statement of the Constitutional Council to confirm that the 4 July elections will not be held on time, because candidates do not meet the legal requirements, the question remains the same for the Algerians which is about the legal solutions that can be used to postpone the elections, especially as this demand is imposed by the popular movement.

Article 102 and 103 of the Constitution remain the only solution to stay in the legal process, the constitutional expert Amer Rekhila said in his interview with “Echorouk”, that the solution lies in the application of Article 103 of the Constitution, which empowers the Constitutional Council to issue a legal opinion that allows the postponement of the elections on the grounds that candidates failed to meet the legal conditions or the absence of those wishing to run in the elections.

“The Constitutional Council after 10 days or less will issue a decision on this subject, which confirms the postponement of the elections, and therefore there will be no transitional phase, especially as the authority sticks to the constitutional process”.

On the other hand, the constitutional expert did not rule out the possibility of resorting to Article 102 of the Constitution by analogy, as the latter provides for another legal solution through which the elections can be postponed for 90 days and the head of state, Abdelkader Ben Saleh, will remain in his post until elections are conducted.

“The difference between the two articles lies in the fact that Article 102 is facing a difficult situation because there are no candidates.”

For his part, the Dean of the Faculty of Human Sciences Dr. Youssef Kassimi said in a statement to the radio that “the application of Article 103 of the Constitution gives a political horizon to postpone these elections for a later period that may reach for an additional 60 days during which there will be an opening of dialogue and the creation of technical and administrative logistics, legal and political platforms, which allow the citizen to accept these elections.

“We must adhere to the constitutional process in accordance with the solutions of political consensus that is inspired by the demands of the popular movement as well as with the political class and effective respect for state institutions because it is the framework that protects everyone.”

Candidates Withdrew Hours Before The Deadlines

At a time when some party leaders were supposed to announce their candidacy for the presidential elections of July 4, the National Republican Alliance announced that it would suspend its participation in the presidential elections until the very existence of appropriate conditions to the success of this fateful electoral date.”

The party explained in a statement that the decision to suspend its participation to a “later date” came after confirming that the people reject these elections, as well as the incomplete constitutional and legal mechanisms that are framed for these elections including the Supreme Commission for the Supervision, Control and Amendment of the Election Law” in addition to “The absence of political consensus among the majority of actors in the national arena”, which makes this date “another missed opportunity to resolve and which may aggravate the situation.”

The same political party confirmed that the participation of the General Secretary Belkacem Sahli is conditional on the need to accompany the constitutional and electoral solutions, with a number of political measures to reassure the national public opinion, and restore the shaky confidence between the authority and the popular movement.”

The same statement was said by the head of El Mostakbal party (Future Front), Abdelaziz Belaid, who announced that the file of candidacy for the presidency of July 4, was not submitted to the Constitutional Council, according to a statement of the party, followed by a meeting of his national office.

The party attributed the reason for its retreat from running for the elections is the state of uncertainty and stalemate that prevails and leads to the lack of real and serious preparation for this important stage, and the non-installation of the independent committee which is required to organize the elections.