Algeria .. Legitimate legal and constitutional legacy of Bouteflika

Algeria - Islam Abdel Hay

Three weeks after Algerian President Abdelaziz Bouteflika stepped down, two decades later, Algerians discover that Bouteflika has resigned and left behind an illegal legal and constitutional legacy that has complicated the country's political situation and hampered legal action to open corruption files.

The controversy began with the application of Article 102 of the Constitution, which states that "the announcement of the vacancy of the post of President of the Republic in the event that it is not possible to continue in the exercise of his functions" and called for the activation of the Chief of Staff of the Army, Kaid Saleh, as a solution to the crisis experienced by the country, and this article by Abdul Qader bin Saleh head of state With limited powers, but it is popularly rejected.

On the scale
In parallel with the pressure exerted by the popular movement to leave the remnants of the Bouteflika regime and to reject their presence within the transitional phase, Kaid Saleh demanded the application of Articles 7 and 8 of the Constitution, which affirm that "the absolute power in the hands of the people, The military establishment of the charge of "coup."

Some opposition parties and political figures have welcomed the statements of the army commander, as he opens the door to arrange a political solution after the elimination of the existing regime, but the mechanisms of applying these articles on the ground raises a lot of controversy in the political arena.

"Legal gaps that have been included in the constitution to help the regime survive can be corrected by resolving the crisis politically," said lawyer and political activist Muqrin Ait Al Arabi.

"There is no constitutional or legal problem that could affect the transitional period, because in crises the constitution is implementing its articles and if the crisis is more serious than the constitution, we resort to political solutions," he said.

Qayt al-Arabi links the political solution to the political will. In the current scene, he believes that the PA is sacrificing some officials in order to preserve the prevailing system since independence, especially the Bouteflika regime.

Escape forwards
Political science professor Youssef Ben Yazza believes that the current constitution is unable to absorb the situation and can not be a basic reference in finding solutions to the problem of the power vacuum.

According to Al-Jazeera Net, the drafters of the constitution drafted a set of articles for the administration of a transitional period expected to result from the absence of the President of the Republic in accordance with the cases mentioned in Article 102 of which is not the revolution of the people and his demand for radical change, in extraordinary circumstances, to remain the problem and solve them subject to the provisions of the Constitution, Such as articles 102 and 183, were merely "forward flight".

Abdel Wahab Derbal, head of the Independent Commission for the Monitoring of Local Elections, explains that the president of the republic does not legislate, but there are specialized institutions, and the law can not be repealed if he steps down because the state remains and the legislative institutions are in place.

As for the problems posed by the articles of the current constitution to ensure a smooth transition of power, Benizza concludes that the constitution is a "thread of the size of the president" and was not voted upon by the people but voted "a false parliament" Its implications can not be dealt with by a constitution "challenged by its legitimacy".