CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
to the courts, as this was thought to be easy by 44.5 per cent, as opposed to
43.4 per cent who thought the contrary.
244.
The CRM nonetheless notes that there seems to be consensus on the positive
advances of the judiciary over the past two years as regards reforms
undertaken to facilitate access: low legal costs; legal assistance with automatic
payment of advocates‟ fees; rapid handling of legal matters; guidance of the
accused; a single office for legal services within each court or tribunal; and
access to the case file and to basic legal information via the Internet. The CRM
also encourages the government to carry the reform initiated in 1999.
245.
Concerning the independence of legislative authorities and the effectiveness of
the separation of powers, an analysis of the Algerian Constitution leaves no
doubt as to the organic and financial autonomy of the parliament. Working
sessions on the ground also confirm this, as each chamber is free to ensure its
internal regulation and pass its own budget.
246.
Functional independence and the efficiency of the parliament call for several
observations and reservations. First, in relation to the APN, it is noted that
although the latter has relatively extensive legal scope, this is shared with the
executive. Even though this said practice is relatively widespread among states
today, the introduction of legislation by Algerian parliamentarians is limited
by the Constitution, which provides that it has to be supported by at least 20
deputies in order to be admissible.
247.
The President of the Republic may also legislate by means of ordinances and
without the prior approval of the APN. Similarly, he may use ordinances to
publish a draft finance bill if the latter has not been adopted by the parliament
within a period of 75 days of its submission. Legislation passed by the APN
must be approved by at least a three-quarters majority of the National Council
before promulgation. The President may also request a second reading of the
adopted text. In this case, the text is adopted by the APN by a two-thirds
majority. The President has the power to dissolve the APN or to call for early
elections. Finally, he may submit any matter that he deems appropriate to a
referendum, even when it falls within the domain of the law.
248.
The second chamber of parliament (the National Council) has no right of
initiation in legislative matters. It was to all intents and purposes established to
counterbalance the APN through its capacity to temper the voice of national
elected members, improve the quality of the work of the second chamber and
build political consensus around legislation. This also makes it possible to
block the promulgation of legislation deemed to be inopportune, especially
given the four-fifths majority required to pass legislation adopted by a simple
majority in the first chamber. For this to happen, only one quarter plus one of
the members have to vote against the text, or abstain or absent themselves
from the voting session. This is obviously quite feasible, considering that the
President of the Republic is directly responsible for appointing one third of the
members of this chamber.
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