Issue #5 of the Official Gazette of the People's Democratic Republic of Algeria published on 26 January 2025:
Constitutional Court on Legal Representation, Ministerial Regulations, and CNESE Formation
•
Issue #5
•
Year 2025
This issue covers the Constitutional Court's decision on the constitutionality of mandatory lawyer representation, a budget credit transfer for the Ministry of Transport, regulatory amendments in the Ministries of Finance and Labor concerning Budget Directorate staff and the Higher School of Social Security, and the appointment of members to the National Economic, Social and Environmental Council.
1. Constitutional Court Decisions and Opinions
This section includes a Constitutional Court decision upholding the constitutionality of mandatory legal representation in certain judicial proceedings, and a rectification of a previous opinion regarding parliamentary candidacy.
The Constitutional Court ruled on the constitutionality of Articles 10, 558, 559, and 567 of the Code of Civil and Administrative Procedure concerning mandatory legal representation before appeal and cassation courts, affirming their constitutionality. A rectification to a previous opinion was also published, clarifying the conditions for candidacy or designation to the two chambers of Parliament under Article 122 of the Constitution, changing the text to "no one may be a candidate or be designated to either of the two chambers of Parliament...".
Page 3
Page 4
Page 5
Page 6
2. Presidential Decrees: Credit Transfer for Ministry of Transport
A presidential decree concerning the transfer of financial credits within the 2024 State budget for the benefit of the Ministry of Transport.
Presidential Decree No. 24-439 dated December 31, 2024, orders the cancellation of credits amounting to 39 million Algerian Dinars from "Unforeseen Expenses" in the 2024 State budget and their transfer to the program portfolio of the Ministry of Transport, to cover "operational expenses of services" under the "General Administration" program and "Administrative Support" sub-program.
Page 7
3. Ministry of Finance: Organization of Budget Directorate Agents
A joint interministerial order amending provisions related to the staffing, classification, and contract duration of agents in the central administration of the General Directorate of Budget.
The joint interministerial order of September 3, 2009, has been amended by an order dated January 15, 2025, to redefine the staff numbers by position, their classification, and the contract duration for maintenance or service agents in the central administration of the General Directorate of Budget. This amendment aims to update the regulatory framework for this category of staff, with the total number now set at 56 employees distributed among positions such as professional worker, service agent, guard, and driver.
Page 8
4. Ministry of Labor: Organization of the Higher School of Social Security and its Senior Positions
Two joint interministerial orders concerning the creation and organization of the pedagogical supervision commission for the Higher School of Social Security, and defining the school's classification and conditions of access to its senior positions.
A joint interministerial order dated December 9, 2024, establishes the sectoral commission for pedagogical supervision of the Higher School of Social Security and defines its composition, operation, and meetings. Another order dated December 23, 2024, defines the school's classification (Category A, Section 2) and the conditions for appointment to its various senior positions (Director, Deputy Director, Head of Department, Secretary-General, Library Director, Heads of Service, etc.), specifying the associated index-linked bonuses and required seniority and qualifications. These orders repeal previous related provisions.
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
5. National Economic, Social and Environmental Council: Appointment of Members
Decision establishing the list of members of the National Economic, Social and Environmental Council for a four-year term.
By decision dated January 14, 2025, the President of the National Economic, Social and Environmental Council issued a list of the names of the appointed Council members for a four-year term. The decision includes a detailed list of the new members, and the list will be completed later.
Page 18
Page 19
Page 20
Page
