These Are The Most Important New Provisions Included In The Draft Constitution

The draft constitutional amendment proposed by the President of the Republic Abdelmadjid Tebboune carried many points and issues that were not present in the constitution currently in force, and these amendments were hailed by some and criticized by others.

On top of these developments, which are considered an extraction by the Algerian legislator, of the lessons and mistakes of the previous stage, the constitution of the popular movement, or what has become known as the February 22, 2019 revolution, which toppled the regime of former President Abdelaziz Bouteflika, on April 2, 2019, and forced him to resign from the presidency after 20 years in power, as this position has been chosen for it in the preamble, to be added to the major milestones that have marked the country’s history since the hard-won independence.

The final version of the constitutional project was unveiled on Monday, September 7. The project will be submitted to a vote in parliament and then to a referendum to be held on November 1st 2020. The project, divided into six axes, contains many changes.

The final version contains “elements that reinforce the unity of the Nation and its fundamental values, enshrine respect for the popular will, and consolidate national cohesion, the principle of separation of powers and the balance of power, alternation of power, moralization of political life and transparency in the management of public funds, as well as sparing the country from any drift of tyrannical despotism and preserving the rights and freedoms of citizens”.

The project “lays the perennial legal foundations of the new democratic Algeria, starting with a radical change in the mode of governance and its mechanisms, through the expansion of the Parliament’s control prerogatives and monitoring mechanisms, the prevention and fight against corruption, and the enshrinement of social justice, the anchoring of free and independent media pluralism, the encouragement of young people to participate in political life and the adoption of a methodology of dialogue and consultation in order to reach consensual solutions, thanks to the Declaration of November 1, 1954, source of inspiration and immutable reference for the policies of the State”.
The amendment to create the position of Vice President was rescinded.

First of all, there is the cancellation of the amendment creating the post of Vice-President of the Republic. The amendment relating to the number of presidential terms of office has been maintained.
Thus, Article 88 limits the number of presidential terms to 2 successive or separate terms. The presidential term is 5 years.

To be eligible for the Presidency of the Republic, the candidate must be of Algerian nationality of origin, and justify the Algerian nationality of origin of his father and mother. He must be over 40 years old, and must never have obtained a foreign nationality.

The national and official Tamazight language
Regarding the Tamazight language, Article 223 states that it is one of the articles that cannot be subject to constitutional revision. Article 4 provides that Tamazight is the national and official language.
Algeria can send armed troops abroad.

With regard to the role of the army, Article 30 of the draft revised constitution states that the National People’s Army (ANP) “defends the vital and strategic interests of the country in accordance with the provisions of the Constitution.

Concerning the intervention of the national army troops abroad, Article 31 stipulates that “Algeria may, within the framework of respect for the principles and objectives of the United Nations, the African Union and the Arab League, participate in the maintenance of peace. »

The President of the Republic may “decide to send units of the National People’s Army abroad after approval by a two-thirds majority of each chamber of Parliament”. It’s One of the prerogatives of the head of state.

Rights and Freedoms
With regard to freedoms, the draft revision of the constitution specifies that “rights, freedoms and guarantees may be limited only by law and for reasons related to the maintenance of public order and security, the protection of national constants, as well as those necessary to protect other rights and freedoms enshrined in the constitution”.

This limitation, it is further stated, “may in no case affect the essence of the rights and freedoms”, and that the state “guarantees fundamental rights and freedoms”.

Appointment of the Prime Minister or Head of Government
The appointment of the Prime Minister or Head of Government as head of the executive is provided for in Article 103 of the draft constitutional amendment.

Thus, the appointment is determined by the results of the legislative elections. According to Article 103, the government is headed by a Prime Minister if the legislative elections result in a presidential majority, and if the results produce a parliamentary majority, a Head of Government will be appointed.

The President of the Republic will appoint ministers, upon the proposal of the Prime Minister or the head of government, as appropriate.

In addition, the preliminary draft constitutional amendment introduces the possibility of withdrawal of Algerian nationality, without specifying the cases.