CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
249.
In contrast, the parliament does not dispose of any action in respect of the
President. His power of control is limited only by the government, which he
hears, questions and interpellates with little likelihood of censure, considering
the mechanisms for questioning the accountability of the government (a twothirds majority vote on proposals signed by at least one out of every seven
deputies, and the vote only being possible three days after the tabling of a vote
of no confidence).
250.
The CRM notes that there is effective interference in legislative and executive
powers, with the undesirable consequence of clouding the responsibilities of
the elected members of the parliament and of the President in relation to the
people. This highlights the relevance of the CSAR‟s recommendation to make
a clear choice between a presidential and a parliamentary regime. Given local
political tradition, Algeria‟s transitional context, as well as the extent of the
challenges to be faced by its people, opting for a clearly defined presidential
regime would be useful in that it would provide the head of state with the
means to accomplish the mandate entrusted to him by the people in terms of
his election by universal suffrage.
251.
In effect, the President, although elected by the whole nation, is not able to
impose his political programme on the institutions in place unless there is both
a presidential and parliamentary majority. When the prime minister is from a
different political party, probable institutional conflicts could have deleterious
effects on the governance of the state. In any event, it is up to the sovereign
Algerian people alone to settle this question.
252.
For this reason, institutional reform – aimed at, among other things, clarifying
the roles of the executive, “liberating national representation”, strengthening
the capacity of the parliament and the APN, as well as re-evaluating the status
of national elected representatives – would seem to be justified. Such reform
could also give the National Council a new orientation, while amending the
procedure for adopting the legislation of this chamber.
iii.
Recommendations
253.
Within the context of projected constitutional reform in the country, the APR
Panel would like to recommend that Algeria:
1. Strengthen the constitutional guarantees in respect of the separation and
balance of powers by:
opting for a political regime that reduces the potential for institutional
conflict and clarifies the political accountability of organs of the state
(the executive and the parliament) vis-à-vis the sovereign people;
formally giving the President, who is elected by the nation as a whole,
the constitutional power to define and control the implementation of
state policy for which he is directly accountable to the people and
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