Reply To: Constitution of Algeria (1996)

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#121070
advtanmoy
Keymaster

General Secretariat of the Government of Algeria

The General Secretariat of the Government is a permanent organ of the Presidency of the Republic responsible essentially for the coordination of governmental legal activity. It constitutes the basis for the organization of the normative activity of the State. It is in this sense, and by virtue of this important stature which has been regularly devolved to it by the State, that the General Secretariat of the Government has known, since its creation at the independence of the country, an intense activity. In fact, it is he who deserves the credit for having established and ensured compliance, by means of circulars and instructions, acting under the stamp of the Presidency of the Council, of the procedures and aspects of drawing up legislative texts and regulations in terms of legal drafting techniques, terminology, compliance with standards and interdepartmental consultation procedures. At the statutory level, the General Secretariat of the Government has evolved according to the various rearrangements made to the organs and structures of the central administration of the Presidency of the Republic. Generally speaking, the status of the General Secretariat of the Government has gone through two distinct periods.

The first period lasted fifteen (15) years, from November 1962, date of installation of the first embryo of the General Secretariat of the Government, to April 19771 date of its definitive creation. During this period, two Secretaries General, including a Director General for Legislation, succeeded each other. Indeed, after an initial choice for the “General Secretariat of the Government” model, this structure evolved between November 19622 and December 19643 to become only a general directorate for legislation with a reduced staff, attached to the General Secretariat of the Presidency. , General Secretariat of the Council. This reduced dimension was endorsed by the assignment of the missions and tasks previously exercised by the Secretary General of the Government, to the Secretary General of the Presidency of the Republic by virtue of Decree No. 64-349 of December 5, 1964. The function of Secretary General of the Government, expressly abolished by the text creating the General Secretariat of the Presidency of the Republic, was re-established a year later, in February 19664. The General Secretariat of the Government will keep this status in the organization chart of the Presidency of the Republic until April 1977. This date marks the start of a new conception of the General Secretariat of the Government which becomes an autonomous structure attached to the direct authority of the President of the Republic and endowed with its own administration. This status has not changed to date. However, it should be noted that during the period from September 19895 to July 2001, the structures of the Presidency of the Republic underwent several rearrangements which did not call into question either the attachment of the General Secretariat of the Government to the Presidency of the Republic, nor the attributions already devolved to its first person in charge.

These attributions will be, for the first time, detailed with precision by presidential decree in 19906 before being once again codified by presidential decree n°94-132 of May 29, 19947. Presidential decree n°01-197 of July 22, 2001, fixing the attributions and the organization of the services of the Presidency of the Republic8, latest in date, confirmed the General Secretariat of the Government as a body available to the President of the Republic, thereby referring the setting of its powers, organization and operation to specific texts, this approach was again confirmed by the provisions of Presidential Decree No. 20-07 of January 25, 2020 setting the attributions and the organization of the services of the Presidency of the Republic, in particular its article 5. The Secretary General of the Government is responsible for: to ensure the control and compliance of draft laws and regulations and the legal coordination of Government activity9, to prepare the draft texts to be submitted for the signature of the President of the Republic and the Prime Minister and to ensure their publication in the Official Journal, to prepare, in collaboration with the authorities concerned, the agenda of the meetings of the Government and the Council of Ministers, to participate in meetings of the Government and the Council of Ministers, to draw up a record of the debates and conclusions of the Council of Ministers, to ensure their conservation and to disseminate the decisions taken to the members of the Government, to follow all the stages of the legislative procedure, in particular with regard to: transmission to Parliament of government bills, the receipt and processing of legislative proposals from parliamentarians, the implementation of the constitutional power of the President of the Republic in matters of referral to the Constitutional Court.

 In carrying out his duties, the Secretary General of the Government is assisted by: mission officers, study directors, Directors, Responsible for studies and synthesis, Deputy Directors, Heads of studies. The Secretary General of the Government has its own budget, of which he is authorizing officer, as well as human and material resources which he manages directly. He has delegation of signature from the President of the Republic to sign all acts, orders or decisions falling within his field of competence.