Algerian lawmakers who are members of the tenth legislative term and have delayed submitting declarations for incompatibility cases with their parliamentary term have started to settle their situations before the deadline set by the office of the National People's Assembly. This is in preparation for the files to be referred to the Legal Affairs and Freedoms Committee for consideration in accordance with the applicable procedures. The lawmakers in question are from various parliamentary blocs, including the National Liberation Front, the Movement of the Society for Peace, the Future Front, and the National Democratic Rally.
The lawmakers concerned have been informed that they must complete their declarations and settle their situations within a week. This process is taking place while the National People's Assembly continues to finalize the legal situations of its members before completing the study of incompatibility cases at the level of the Legal Committee. In the previous legislative term, more than 100 lawmakers were registered on the red list due to incompatibility cases, prompting them to quickly settle their situations to avoid losing their parliamentary seats.
This process is crucial as it is directly related to the exercise of the parliamentary term, and it is not just about completing an administrative declaration. Rather, it involves adjusting the professional and functional situation of the lawmaker and ensuring that it does not conflict with the exercise of the term. The National People's Assembly has started to organize the various files related to the tenth legislative term. Article 118 of the Constitution states that every elected official, whether a member of the Council of the Nation or a deputy in the National People's Assembly, is required to devote themselves full-time to exercising their term.
The Constitution also stipulates that lawmakers cannot combine parliamentary terms or other jobs. Cases of incompatibility include membership in the government or the Constitutional Court, or exercising another elective term in an elected council. Incompatibilities also extend to positions in public institutions and administrations, local groups, and public enterprises, as well as membership in their social structures. According to the legal framework governing the parliamentary term, lawmakers must submit a declaration to the office of the relevant chamber within 30 days of their installation.
The office of the Assembly then refers the declaration to the Legal Committee, which must express its opinion within 15 days of being notified. Completing the declarations at this stage allows concerned lawmakers to settle their situations before the files are studied by the Committee, which examines the nature of the declared professional or functional situation and the existence of a case of incompatibility with the parliamentary term. If a case of incompatibility is confirmed, the office of the Assembly notifies the concerned lawmaker and gives them a 30-day deadline to choose between their parliamentary term and the job or responsibility that conflicts with it.
If the situation is not settled in accordance with legal provisions, the lawmaker is considered to have resigned automatically. Therefore, the process of declaring incompatibility cases for lawmakers of the tenth term represents a sensitive stage, as the files are about to be referred to the Legal Affairs and Freedoms Committee. The possibility of not settling these files may put them in another legal situation, while the parliamentary blocs are rushing to complete the situations of their deputies and adjust the files related to the exercise of the parliamentary term in accordance with legal provisions.
The process of settling incompatibility cases is essential to ensure that lawmakers are eligible to exercise their parliamentary term. The National People's Assembly is taking steps to finalize the legal situations of its members and avoid any potential conflicts or incompatibilities. By settling these cases, lawmakers can focus on their parliamentary duties and represent their constituents effectively. The Assembly's efforts to clarify the situations of its members demonstrate its commitment to transparency and accountability.
Key points
- Algerian lawmakers must settle incompatibility cases before the deadline to avoid losing their parliamentary seats.
- The National People's Assembly is finalizing the legal situations of its members before completing the study of incompatibility cases.
- Lawmakers who fail to settle their incompatibility cases may be considered to have resigned automatically.
