Algeria

Kamel Fenniche: Constitutional control is one of “basic pillars” of democratic practice

Speaker of the Constitutional Council, Kamel Fenniche confirmed today, Tuesday, in Algiers, that constitutional control is one of the “basic pillars” of democratic practice.

Mr. Fenniche said at the International Forum on “The Constitutional Court and its Role in Building the New Algeria,” which opened today, Tuesday, that “Constitutional control is one of the basic pillars of democratic practice,” and that “the Constitutional Court establishes constitutional justice, which in turn must ensure compliance with the constitutional principle of separating and balancing powers ”.

He stressed, in this respect, the need to “guarantee the independence of the constitutional control apparatus, monitor the functioning of institutions, preserve basic rights and freedoms and confirm the results of the national electoral and referendum consultations, to ensure the effectiveness of this control,” considering that “it is impossible to imagine building a solid democratic structure without imposing respect for the constitution as the supreme law”.

With regard to the forum organized by the Constitutional Council in partnership with the United Nations Development Program in Algeria as part of the cooperation agreement “The Constitution in the Service of Citizens: Supporting the Constitutional Council” that brings together the two parties, Mr. Fenniche explained that “it represents an opportunity to evaluate various practices in the field of constitutional justice, and will allow to have a scientific and critical view on the various practices of the constitutional judicial bodies ”.

He added that this meeting would also allow to “diagnose strengths and obstacles, as well as limitations and elements of stimulating constitutional justice,” stressing that its intended goal is “to learn from the best available practices in order to improve the performance of the constitutional judge.”

On the other hand, Mr. Fenniche stressed that the constitutional amendment initiated by the President of the Republic, Abdelmadjid Tebboune, is “a tremendous step towards building the new Algeria that we all aspire to, and in establishing the edifice of true democracy and the rule of law,” explaining in this regard that the new constitution ” strengthened the principle of separation and balance of powers, independence of the judiciary, and protection of citizens’ rights and freedoms.

It is worth noting that the various sessions of the Forum, which will be facilitated virtually by Algerian and foreign experts in addition to members of the Constitutional Council, will address “the most important developments brought about by the Constitution of November 1st , 2020, especially those related to the role of the Constitutional Court as a guarantor of the constitution and as an institutional ruling responsible for ruling on disputes that may arise between the various constitutional authorities, ”according to the organizers.

The forum’s proceedings will also address “the expected role of the constitutional judiciary in the electoral field and in the various structural and organizational issues that may arise following the establishment of a constitutional court with broader powers and a greater role. It will also “allow discussion and reflection on the areas of the Constitutional Court’s role at the normative and institutional levels, and to review international experiences, notably those of South Africa, Belgium, Benin and France.”

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