Algeria: ANP Chief of Staff Major General Gaid Salah advocates implementation of article 102 of the constitution
Deputy National Defense Minister, National People’s Army Chief of Staff Major General Ahmed Gaid Salah underlined Tuesday during an inspection visit to the 4th military region in the province of Ouargla in southern Algeria that the solution to Algeria’s current political crisis lies in the implementation of Article 102 of the constitution.
Major General Ahmed Gaid Salah said in this respect, that it is necessary and even imperative to adopt a way out of the crisis that meets the legitimate demands of the Algerian people and guarantees the respect of the constitution’s provisions and the preservation of the state’s sovereignty. A solution that will allow reaching a consensus of all visions and that will be accepted by all parties, namely the solution stipulated by the constitution in its article 102.
The announcement came during an orientation meeting, as part of his inspection visit to the 4th military region in the southern province of Ouargla.
Ahmed Gaid Salah called for an immediate solution, with reference to the Constitution in force. According to him, this solution lies in Article 102 of the Constitution.
Article 102 of the Algerian constitution provides that “When the President of the Republic, due to serious and long-term illness, is totally incapable of performing his duties, the Constitutional Council meets as of right, and after having verified the reality of this impediment by all appropriate means, the latter unanimously proposes to Parliament to declare the state of impediment. “
The same article adds that parliament sitting with its two houses declares the state of impediment of the president of the republic with a two-third majority of its members and entrusts the chairman of the council of the nation with ensuring the interim of the president of the republic for a forty-five day period.
In the event that the impediment continues at the end of the forty-five day period, a declaration of vacancy by resignation de jure is made.
In case of resignation or death of the president of the republic, the constitutional council meets as of right and establishes the definitive vacancy of the presidency of the republic.
The chairman of the council of the nation assumes the responsibility of head of state for ninety days maximum, during which a presidential election is held, knowing that the head of state so appointed shall not be candidate to the presidency of the republic.
The above mentioned article also establishes that in the case of resignation or death of the president of the republic and a vacancy of the chairmanship of the council of the nation, the chairman of the constitutional council assumes the functions of head of state.