The Algerian presidency has unveiled a draft of proposed constitutional revisions, aimed at enhancing fundamental rights and freedoms, strengthening the separation of powers, and promoting transparency and accountability. The draft, which has been shared with key stakeholders, outlines a series of reforms across six main areas, including fundamental rights and public freedoms, the independence of the judiciary, and the fight against corruption. These proposed changes are designed to address long-standing concerns and provide a framework for a more robust and equitable governance structure.
The proposed revisions place a strong emphasis on fundamental rights and public freedoms. Key provisions include the introduction of a disposition requiring public institutions to respect constitutional rights and freedoms. The draft also stipulates that limitations on these rights can only be imposed by law and for specific reasons related to public order or the protection of other rights. Additionally, the proposals enshrine the principles of legal security, the right to life, and the protection of individuals from torture and human trafficking. The draft also highlights the importance of protecting women's rights, ensuring access to healthcare, and promoting educational neutrality.
The draft constitution also seeks to strengthen the separation and balance of powers. Proposed changes include limiting the presidential term to two consecutive or separate mandates, and allowing the President to appoint a Vice-President. The draft also consolidates the role of the Head of Government and limits the duration of states of siege or emergency to 30 days, renewable with parliamentary approval. Furthermore, the proposals introduce stricter controls on parliamentary mandates, limiting them to two terms, and distinguish between parliamentary immunity for acts related to the exercise of the mandate and those unrelated to it.
Another critical area of focus is the independence of the judiciary. The proposed revisions aim to reinforce the principle of judicial independence and ensure the inamovibility of judges. The draft constitution also provides for the constitutionalization of the Higher Council of the Judiciary, with changes to its composition and leadership. Notably, the Minister of Justice and the Prosecutor General will no longer be part of the Council, and the Vice-Presidency will be held by the First President of the Supreme Court.
The proposed revisions also address the role and composition of the Constitutional Court. The draft provides for the establishment of a Constitutional Court, replacing the existing Constitutional Council, with an expanded mandate to control the constitutionality of laws and regulations. The Court's composition will include members appointed by the President, the National People's Assembly, and the Council of the Nation, as well as elected magistrates. The draft also extends the Court's competence to review ordinances and ensure their conformity with the Constitution.
In a bid to promote transparency and accountability, the proposed revisions introduce measures to prevent and combat corruption. The draft constitution provides for the constitutionalization of the Authority for Transparency, Prevention, and Anti-Corruption, and prohibits the accumulation of public functions. These changes aim to enhance accountability and promote a culture of transparency within the public sector.
The proposed constitutional revisions represent a significant step towards enhancing governance and promoting the rights of Algerian citizens. The draft will undergo further review and consultation before its adoption. If implemented, these changes are expected to have a lasting impact on the country's democratic development and its ability to address the needs and concerns of its citizens.
Key points
- The proposed revisions aim to enhance fundamental rights and freedoms, strengthen the separation of powers, and promote transparency and accountability.
- The draft constitution includes measures to prevent and combat corruption, such as the constitutionalization of the Authority for Transparency, Prevention, and Anti-Corruption.
- The proposed changes to the Constitutional Court's composition and mandate aim to ensure greater independence and effectiveness in reviewing the constitutionality of laws and regulations.
