Exception of unconstitutionality to make laws compliant with Constitution


The exception of unconstitutionality, which will come into force in March, will “make laws compliant with the Constitution,” President of the Constitutional Council, Mourad Medelci stated Monday.  


Speaking at the opening of a national conference on “the principle of unconstitutionality,” Medelci said that this mechanism, provided under the revision of the Constitution in 2016, was a procedure that would allow the Constitutional Council, for first time in the history of the national legal system, to carry out a downstream control of the constitutionality of laws.

The exception of unconstitutionality will amend laws that are not compliant with the Constitution.

Article 188 of the amended Constitution referred to this exceptional procedure, which emphasizes that laws must be in conformity with the Constitution, Medelci said.

Shortcomings have been noticed, even in the most experienced countries in the field of justice, he continued.

In this regard, he recalled that the French Constitutional Council, which “lists no less than 200 cases per year on the unconstitutionality of laws, only accepts about 60 of them.”

In Algeria, this mechanism will help discover these exceptions, if they exist, thanks to the litigant who will have an important role to play in this operation, affirmed Medelci.

This two-day national conference will focus the experiences of several countries, such as France, Spain, Gabon and Senegal, in implementing the exception of unconstitutionality. It will culminate in recommendations that will provide a platform for the implementation of this mechanism.







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