Twelfth periodic reports of States parties due in 1995 : Algeria. 05/06/96.
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION
Twelfth periodic reports of States parties due in 1995
Status of the Convention with respect to domestic law
- Article 123 of the Constitution stipulates that “The treaties ratified by the President of the Republic under the conditions specified by the Constitution are superior to the law”. The Convention has therefore formed an integral part of Algerian legislation since 14 February 1972, the date of its ratification, and its provisions may be invoked by individuals and bodies corporate before the courts. This possibility has been confirmed by the Constitutional Council.
- Pursuant to this provision, therefore, the Constitutional Council, having been seized by the Head of State, on two occasions – in 1989 and 1995, criticized the provisions of an Elections Bill submitted by Parliament and introducing a clause forbidding candidates to stand for the office of President of the Republic if they or their spouses are not of “original” Algerian nationality.
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