Algérie Presse Service (APS) – November 24, 2011
At a plenary session presided by Mr. Abdelkader Bensalah, president of the Council of the Nation, the members of the Council of the Nation have adopted this day to a large majority the draft version of an organic law defining cases of incompatibility with parliamentary term.
The members of the People’s National Assembly adopted the same text on November 3.
This piece of legislation is part of the political reforms announced last April 15 by President Bouteflika in his address to the nation.
It is being implemented in keeping with the provisions of Article 103 of the Constitution, which stipulates that cases of incompatibility with parliamentary terms are defined by an organic law. Some cases have been defined by the Constitution and the Law on Elections and the status of magistrates.
“With the adoption of this draft legislation, our country will have taken all the measures provided for by the Constitution in order to preserve independence of the Parliament and enable its members to devote themselves to their missions of legislation and control,” declared Minister of Justice Tayeb Belaïz.
According to the draft legislation, incompatibility is defined as simultaneously holding parliamentary office and other elective offices or any missions, functions or activities set by the parliamentary term.
Cases of incompatibility include holding office as member of the Government, member of the Constitutional Council, or holding any other elected office within an elected People’s Assembly, holding any position or employment in public institutions and administrations, or holding any position or employment in any enterprise, commercial, financial, industrial, artisanal or agricultural firm or group of firms or as member of their social entities.
Cases of incompatibility also include exercising any commercial activity, liberal profession as individual or on behalf of a member of Parliament, exercising as magistrate, exercising any function or employment conferred by a foreign state, governmental or non-governmental international organization.
However, the draft legislation excludes any provisional activities conducted towards scientific or humanitarian ends and the exercise of any mission related to higher education and scientific research, as well as any temporary mission conducted on behalf of the state and lasting no longer than one year.
The draft legislation compels members of the Parliament to declare any activities, missions or functions that they conduct, no later than thirty (30) days after the start of their term.
In cases of confirmed incompatibility, the draft legislation empowers the Board of the Council of the National to inform the concerned Member of Parliament of the need to choose within two weeks between holding office and resigning.
