| Parliament name (generic / translated) |
Barlaman / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Majlis al-Oumma / Council of the Nation |
| Related chamber (for bicameral parliaments) |
Al-Majlis Al-Chaabi Al-Watani / National People's Assembly
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the legislature holds its first sitting (see Art. 113 (1) and (3) of the Constitution of 08.12.1996) |
| Validation of mandates |
· Validation by the Council of the Nation on the recommendation of an ad hoc committee for the validation of mandates (Art. 104 of the Constitution)
· Procedure (Art. 6 to 9 of the Standing Orders of the Council of the Nation) |
| End of the mandate |
· On the day when the legal term of the House ends (for this, see Art. 102 (2) and (3) of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure (see also Art. 108 of the Constitution): persons wishing to resign must address a request to that effect in writing to the President of the Council of the Nation.
· Authority competent to accept the resignation: the President of the Council of the Nation |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Revocation of mandate: the Council of the Nation may, upon the pronouncement of a final decision, exclude one of its members who has committed an act unworthy of a member (misdemeanour or crime) (Art. 107 of the Constitution, Art. 94 to 96 of the Standing Orders of the Council of the Nation; Procedure).
- Forfeiture of mandate: the Council of the Nation may, by a majority of its members, exclude one of its members if he no longer fulfils the conditions for eligibility (Art. 106 of the Constitution). See also Consequences of the declaration of personal assets. |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President of the Council of the Nation
2. The Vice-Presidents of the Council of the Nation
3. The leaders of the parliamentary groups
4. The Presidents of the standing committees
|
| Indemnities, facilities and services |
· The special status of MPs is in the process of being worked out. |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 109 of the Constitution).
· Derogations: offence or insult (Art. 99, N° 4 of the Standing Orders of the Council of the Nation; Discipline)
· Non-accountability takes effect on the day when the mandate begins. |
| Parliamentary immunity - parliamentary inviolability |
· The concept exists (Art. 110 of the Constitution).
· It applies to criminal and civil proceedings, covers all offences (with the exception of minor infractions (e.g. traffic violations; generally fines).
· Derogations: in cases involving flagrante delicto misdemeanours or crimes, members of the Council of the Nation may be arrested (Art. 111 (1) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, MPs may respond in writing to questions put by a judge without having to appear in person as is generally the case for members of Government.
· Protection is provided from the start to the end of the mandate. It does not automatically cover judicial proceedings instituted against MPs before their election. However, these proceedings may be suspended by the Council of the Nation.
· Parliamentary immunity (inviolability) can be lifted (Art. 110 of the Constitution):
- Competent authority: the Council of the Nation or the persons concerned themselves
- Procedure (Art. 110 of the Constitution, Art. 94 of the Standing Orders of the Council of the Nation): the Council of the Nation decides by a majority of its members.
· As to whether Parliament can subject the prosecution and/or detention to certain conditions, in view of the present state of Algerian legislation, this question cannot be answered at the moment.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 111 (2) of the Constitution):
- Competent authority: the Council of the Nation
- Procedure (Art. 111 (2) in conjunction with Art. 110 of the Constitution): the Council decides by a majority of its members.
· As to whether, in the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament, in view of the present state of Algerian legislation, this question cannot be answered at the moment.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Standing Orders of the Council of the Nation
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings. |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 97 to 101 of the Standing Orders of the Council of the Nation.
· Disciplinary measures foreseen (Art. 97 of the Standing Orders):
- Call to order (Art. 98 (1 and 2) of the Standing Orders)
- Warning (Art. 98 (3) of the Standing Orders)
- Withdrawal of speaking rights (Art. 98 (3) of the Standing Orders)
- Prohibition on taking the floor (Art. 99 to 101 of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 99, N° 4 of the Standing Orders): prohibition on taking the floor
· Competent body to judge such cases/to impose penalties:
- Call to order, naming, withdrawal of speaking rights: the President
- Prohibition on taking the floor, offence or insult: the Bureau
· Procedure:
- Call to order, naming, withdrawal of speaking rights (Art. 98 of the Standing Orders)
- Prohibition on taking the floor, offence or insult (Art. 100 and 101 of the Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 107 of the Constitution, Art. 94 to 96 of the Standing Orders). For the declaration of personal assets, see Obligation to declare personal assets.
· Penalties foreseen for violation of the code of conduct: loss of mandate (Art. 107 of the Constitution; revocation of mandate)
· Competent body to judge such cases/to impose penalties: the Council of the Nation
· Procedure (Art. 107 of the Constitution, Art. 94 to 96 of the Standing Orders of the Council of the Nation. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
