Algeria's Constitutional Council convened on April 3, 2019, to address the vacancy of the presidential post. The council, led by Tayeb Belaiz, confirmed the definitive vacancy of the Presidency of the Republic following Abdelaziz Bouteflika's decision to end his term. This move adheres to the Algerian Constitution, specifically Article 102. Bouteflika's resignation was notified to the Constitutional Council on the evening of April 2, 2019.

The Constitutional Council's declaration was formally communicated to the Parliament, comprising the National People's Assembly (APN) and the Senate. According to the Constitution, the council's decision was made in accordance with Article 102, paragraphs 4 and 5, and Article 72 of the Council's operating rules. The declaration of vacancy was also published in the Official Journal of the Algerian Democratic People's Republic.

With the vacancy declared, the President of the Council of the Nation will assume the role of Head of State for a maximum duration of 90 days. During this period, presidential elections are expected to be organized. It is stipulated that the interim Head of State cannot be a candidate in the upcoming presidential election. The current government will continue to function until the new President takes office.

The Algerian Constitution outlines specific procedures for the transition of power. Article 104 states that the government in place at the time of the President's resignation cannot be dismissed or reshuffled until the new President assumes office. If the incumbent Prime Minister is a candidate, they must resign, and another government member will be designated as Prime Minister by the interim Head of State.

During the transitional period, certain constitutional provisions are suspended. These include the Head of State's authority to nominate government members, grant pardons, or dissolve the National People's Assembly. The interim Head of State's powers are limited compared to those of the President of the Republic.

The Constitutional Council's decision marks a significant step in Algeria's transition process. The country will now move towards organizing presidential elections within a 90-day period. The interim leadership will oversee the electoral process, ensuring a transfer of power in accordance with the Constitution.

The situation remains closely monitored by national and international observers. The Algerian people await the forthcoming presidential elections, which are expected to shape the country's future. The Constitutional Council's declaration has provided clarity on the transition process, and the nation proceeds with the established constitutional procedures.

Key points

  • The Constitutional Council of Algeria declared the vacancy of the presidential post following Abdelaziz Bouteflika's resignation.
  • The President of the Council of the Nation will serve as interim Head of State for up to 90 days.
  • Presidential elections are set to take place within the 90-day transitional period.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.