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2009 Assessment

Algeria: Integrity Indicators Scorecard

Algeria: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
32	Can members of the legislature be held accountable for their actions?	67
33	Are there regulations governing conflicts of interest by members of the national legislature?	29
34	Can citizens access the asset disclosure records of members of the national legislature?	0
35	Can citizens access legislative processes and documents?	100

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

32a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: Article 163 in the 2008 Constitution suggests a Constitutional Court but only the Head of State, the President of the two Parliaments (Assemblée Populaire Nationale et Sénat) can ask the Constitutional Court to review the legislature.

Peer Review Comments: The Constitutional Court can prevent the enactment of laws.

32b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments:

References: No such case exists.

32c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments:

References: Art. 30. Le magistrat qui a commis un crime ou un délit est poursuivi conformément au code de procédure pénale. This article is in the Loi organique n° 04-11 du 6 septembre 2004 portant statut de la magistrature. J.O. N°57, Sept. 8, 2004, page 14.

Are there regulations governing conflicts of interest by members of the national legislature?

33a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Cf. Art. 6, Ordonnace n° 97-04 du 11 January 1997 relative à la déclaration de patrimoine, JO, N° 3 du 12 Janvier 1997.

33b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: No such restrictions exist.

33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: Loi n° 06-01 20 février 2006 relative à la prévention et à la lutte contre la corruption in Article 38 mentions "gifts."

33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: This is not mentioned in regulation.

33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments:

References: Yes, national legislators can enter the private sector and start doing business and keep their networks. This is the everyday case, according to some academics and journalists who do not want their name associated with any report.

33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments:

References: We have never seen such cases happening through media or reports, according to some academics and journalists who do not want their names mentioned.

33g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments:

References: The regulations are never enforced according to some academics and journalists who do not want their names mentioned in any report.

Can citizens access the asset disclosure records of members of the national legislature?

34a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

References: Never seen a report on this aspect.

34b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: There are no provisions for such cases.

34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: There are no such cases.

34d: In practice, the asset disclosure records of members of the national legislature are of high quality.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The asset disclosure records of members of the national legislature are complete and detailed, providing the public with an accurate and updated accounting of the individuals\' sources of income, investments, and other financial interests. 50 Score Criteria: The asset disclosure records of the members of the national legislature contain some useful information but may be lacking important details, including politically sensitive investment or other financial arrangements in which the individual has an interest. 0 Score Criteria: The asset disclosure records of the members of the national legislature are overly general, lack any meaningful detail, and do not provide clear accounting of the individuals\' sources of income, investments, and other financial assets.$

Comments:

References: Never seen these reports, if they exist at all.

Can citizens access legislative processes and documents?

35a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: Yes, according to the Parliamentary website, Comptes rendus des séances publiques: [ LINK ].

35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments:

References: Records are available online.

35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments:

References: Records can be obtained at little cost online.