النظام القانوني الجديد لانتخابات المجالس الشعبية المحلية في الجزائر

Abstract

The Algerian legislature has established rules for the organization of elections of local people’s assemblies through the organic law on the electoral system in order to protect it, and to avoid any way to challenge its results, which led us in this study to ask about the success of the current legal framework in protecting this process from the start until the announcement of results, and defining the role of all stakeholders. For preparatory actions of the electoral process, the legislature has organized, all beginning with the determination of constituencies, the convening of the electorate and the preparation of voter lists and their reviewing, which is one of the most important preparatory measures, in particular registration procedures on electoral lists and setting up of administrative committees in charge of the preparation of electoral lists. The legislator also establishes the rules governing candidatures. In the other side, elections operation get a new organization which’s The Independent High Authority for the Elections oversight, this last assure the transparency and integrity of the election from the electorate’s convocation till the announcement of the preliminary results. This authority is composed of judges proposed by the superior court of justice, and independent competences chosen from the civil society appointed by the president of the republic. The Algerian legislature has organized the rules which concerns the electoral campaign and those of the voting operation, besides, the procedure of the vote counting till the final corrections and the repartitions of seats among the candidates. The electoral law has reduced the control of electoral operation and counting vote by the candidates’representatives. This last, according to the report made by the American National Democratic Institute and the report made by the European Union’s Delegation of election’s observation, still below the desired level. Finally, we came up with a series of comments and suggestions relating to the registration process and the functioning of the electoral process particularly the preparation of the electoral lists, the conditions of election’s campaign and the role of Representatives candidates.