Requirement to hold a hearing

TITLEII: Control of the regularity of elections and referendums.   

Chapter2: Elections of members of Parliament

Article41: The Constitutional Council decides behindclosed doors on the legal merit of appeals in accordance with the terms andtime limits set out in Art. 118 of the Ordinance bearing the organic lawrelating to the electoral system concerning the election of members of theNational People’s Assembly, and in accordance with the provisions of Art. 149of the same Ordinance concerning the members of the Council of Nation.

Ifit considers the appeal well-founded, it may on the basis of a motivateddecision cancel the disputed election or redraft the minutes of the results andproclaim the candidate who is legally and definitively elected in accordancewith the Ordinance bearing the organic law relating to the electoral system.

Theruling of the Constitutional Council shall be notified, as the case may be, tothe Speaker of the National People’s Assembly or to the President of theCouncil of Nation, as well as to the Minister of the Interior and to theparties concerned.

Article 166 did not require any hearing forelection complaints. In the Algerian parliamentary election 2012, theconstitutional council received more than 167 appeals and did not hold anyhearing in reviewing them.