Includes project Political Parties Law A copy of which was reviewed by “elhiwar us” includes a set of procedures Which aims to strengthen the constitutionally enshrined principle of political pluralism, establish and regulate the process of establishing political parties, and enshrine the principle of transparency in the management of political parties’ finances for the purpose of confronting all forms of corruption in political life.
The project came with strict measures to prevent the phenomenon of political roaming, which results from some elected officials abandoning their party affiliation during their electoral term, which is considered a blow to the credibility of political work. This necessitated putting a final end to these practices through new constitutional provisions that prevent from now on every elected person exercising his term at the level of one of the two chambers of Parliament from changing his political affiliation during his electoral term, under penalty of being removed from membership. Parliament, as Article 21 stipulates the following: The elected member of the political party shall be permanently removed from the lists of the political party. National People’s Assembly Or in the National Assembly, which voluntarily changed the political affiliation on the basis of which it was elected.
Expanding the representation of states in the founding conference
This project proposes new provisions related to the procedures associated with studying the application file for establishing a political party, as well as the application file for its approval, in order to fill the legal gaps recorded therein and at multiple levels. The new provisions of the preliminary draft of the organic law related to political parties amended the representation ratio of the states in the founding conference. This is to correct the oversight recorded in the organic law currently in effect, which requires that the founding conference gather at least four hundred conferences, representing a third of the number States at least, without the number of conference attendees being less than sixteen for each state. In order to reach the minimum number of conferences, the conference must be represented by at least twenty-five states. Accordingly, the number of conference attendees was matched with the number of states represented by reconsidering the percentage of states represented in the preliminary draft of this organic law to reach at least 50 percent + 1 of the number of states.
It is mandatory to attend the judicial report when electing the conferees
The new provisions of the preliminary draft stipulate that the judicial record must be present at the process of electing congressmen at the state level, so that the administration can verify that the quorum for congressmen has been met at the level of each state concerned, provided that the judicial record prepares minutes that are included as a document included in the accreditation application file.
The text also included amendments regarding the participation of youth and women within the political party, by requiring it to determine a representative percentage of women and youth within the various organs and structures of the political party, and to include it in its basic law.
There is no going back on setting the covenants
The law currently on the parliamentary table regulates the mechanisms for selecting leadership bodies and their appointments, as the term of the term was set at five years, renewable consecutively only once. Literally, Article 37 of the draft stipulates that the political party shall have a deliberation body and an executive body that shall ensure its leadership at the national level. These two bodies shall be elected for a term of five years as a maximum and may be renewed consecutively once.
The provisions of this preliminary draft also require that the political party rely on national committees in order to effectively organize it and conduct its activities in accordance with democratic rules. These committees are represented in the following: An advisory committee: responsible for providing opinions and possible suggestions on any issue of concern to the party. The Elections Committee: responsible for all issues related to the party’s participation in electoral consultations and also proposing the submission of nominations for the elections. As for the formation committees, they ensure that the fundamental role of the political party in political life is highlighted and the key lies in the formation of Its activists and preparing them to assume responsibility, as well as bringing them closer to the citizen in order to train him and encourage him to participate in political life and join its ranks.
What is noteworthy is the creation of an internal dispute settlement committee that will look into issues related to internal conflicts that constitute a real concern for the political party, as the latter may lead to its cessation of activity and its blockage. This committee will undertake to assess the causes and motives of the conflict and the parties in dispute among themselves in order to resolve it without resorting to the administration, which will make the latter immune from some attempts aimed at introducing it into the internal affairs of political parties.
Dissolving parties that do not participate in two electoral dates
It was also noted that the text revised the provisions stipulating the dissolution of a political party through the judiciary in the event that it does not present candidates for four consecutive legislative and local elections, and reduced it to only two electoral dates. Under this new preliminary draft, the Minister in charge of the Interior can notify justice in order to dissolve the political party that did not present candidates for two consecutive electoral dates.
The drafters of the text justified the amendment by saying that it “urges parties to participate in various electoral consultations” and “to get closer to citizens and attract a militant and popular base, by introducing their political programs and becoming prominent on the political scene.”
The proposed amendments included the punitive aspect. Article 90 stipulates that a person who runs an unaccredited political party or continues to run a political party whose activity has been suspended or dissolved shall be punished with a fine of three hundred thousand dinars to six hundred thousand dinars, while any person who is active in an unaccredited political party or continues to be active within a political party whose activity has been suspended or dissolved shall be punished with a fine of one hundred thousand dinars to three hundred thousand dinars..
Imprisonment for those involved in foreign financing
Article 91 also criminalized any person who carries out a profitable activity in the name of a political party, and established a penalty of a fine ranging from one hundred thousand to three hundred thousand dinars. If the perpetrator is an official in the political party, the amount of the fine shall be doubled with the publication and suspension of the conviction ruling..
In addition, the political party shall be punished with a fine ranging from six hundred thousand dinars to three million dinars, and the political party shall be prohibited from practicing activity for a maximum period of five (05) years. Regarding the separation of money from politics, Article 92 of the document speaks about penalties affecting every political party official who “receives, directly or indirectly, any funding from a foreign source in any capacity or form whatsoever” and which may extend to “imprisonment from five (05) years to ten (10) years and a fine from five hundred thousand (500,000) DZD to one million (1,000,000) DZD.” In this context, the political party shall be punished with a fine “of one million DZD.” (1,000,000) DZD to five million (5,000,000) DZD“.
While Article 93 specifies a penalty for every political party official who “receives, directly or indirectly, gifts, bequests, or financial or material donations from a national source without declaring them,” with “imprisonment from two (02) to ten (10) years and a fine from two hundred thousand (200,000) DZD to one million (1,000,000) DZD. In addition, the political party shall be punished with a fine of one million DZD. (1,000,000) DZD to five million dinars, while Article 94 stipulates that any member of a political party who intentionally squanders, embezzles, destroys, unlawfully withholds, or uses illegally for his own benefit or for the benefit of another person or entity, any property, money, securities, or things of value belonging to or allocated to the political party, shall be punished by imprisonment from one year to five years and a fine of twenty thousand to two hundred thousand dinars.
Referring public financing of parties to a legal text
In the context of respecting the financial transactions carried out by political parties, this preliminary draft stipulates the principle of monitoring the finances of these formations Public financing It has been referred to a legal text in accordance with the constitutional provisions, and Article 75 stipulates that “It is prohibited for a political party to receive, directly or indirectly, any funding from a foreign source in any capacity or form whatsoever. Article 77 also prohibits a political party from receiving gifts, bequests and donations from a national source that are restricted by burdens and conditions, while Article 79 requires that the receipt of gifts, bequests and donations be subject to a declaration by the Minister in charge of the Interior within a period of time.” A maximum of ten days from the date on which it was obtained. This declaration must state the identity of the owner of the donation, gift, or bequest, as well as its value and nature.
The draft law includes a set of transitional and final provisions. The approved political parties that are in a regular situation before the publication of this organic law in the Official Gazette of the People’s Democratic Republic of Algeria must conform their basic law during its conference that follows the entry into force of this organic law. As for the approved political parties that are in an irregular situation, they must settle their status within a period of 6 months starting from the date of publication of this organic law in the Official Gazette. During its conference following the entry into force of this organic law, as for the approved political parties that are in an irregular situation, they must settle their situation within a period of 6 months starting from the date of publication of this organic law in the Official Gazette of the People’s Democratic Republic of Algeria, under penalty of dissolution by the judiciary.
Fouad Q
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