Change of Algerian Prime Minister: an unconstitutional act

Although article 91, paragraph 5 of the Constitution adopted in November 2020, despite the widespread boycott of the referendum, grants the president of the Republic the power to "appoint the prime minister or the head of government, as the case may be, and to terminate their functions", article 103 of paragraph 2 of chapter 3, title 1 of the same Constitution specifies that the office of prime minister shall be held by the majority political force in parliament. This majority political force is the FLN, which has 105 seats in the 407-seat National Assembly following the legislative elections of 12 June 2021.

These elections were boycotted by the population, as were all the electoral contests that preceded them (presidential elections and referendum on the Constitution).

The constitution distinguishes between a presidential majority and a parliamentary majority. Tebboune ran in the presidential elections of 12 December 2019 as an independent candidate, and even after his nomination following a stormy election that was largely disrupted by demonstrations against the ballot, he did not think of forming a political party to support his programme of action. Consequently, there is no presidential majority in Algeria.  

However, the political system in place, led by hidden forces lurking in the heights of Algiers, precisely in the Tagarains, the seat of the Ministry of National Defence and the Army General Staff, is flouting the texts of the country's fundamental law to deprive the FLN, even if it has won their support, of the right to designate a head of government by forging alliances with parties that can help it secure a comfortable majority. None of this is happening.  

Even arrogating to himself the prerogative of appointing the prime minister, the president of the Republic, acting on behalf of these hidden forces, does not respect formalities. Article 105 clearly states: "If the legislative elections result in a presidential majority, the President of the Republic appoints a prime minister and instructs him to propose a government and draw up a plan of action for the implementation of the presidential programme, which he submits to the Council of Ministers". This was not the case with Larbaoui Nadir's appointment on Saturday 11 November.

Abdelmadjid Tebboune simply appointed Nadir Larbaoui, who arrived from New York just eight months ago, where he was Algeria's representative to the UN, to head the government, after having spent less than eight months at the President's office as the President's chief of staff. 

Nadir Larbaoui was parachuted in to head the same government as his successor. This led one observer of the Algerian political scene to assert that "Tebboune has acted like the president of a football club who changes his coach but keeps the same team". 

In doing so, Tebboune has trampled on the Constitution. In particular article 105 (quoted above) and article 106, which states: "The prime minister submits the government's action plan to the National People's Assembly for approval. The latter shall open a general debate to this effect". 

"The Prime Minister may adapt this action plan in the light of this debate, in consultation with the President of the Republic. The Prime Minister submits a communication to the Council of the Nation on the government's action plan approved by the National People's Assembly. The Council of the Nation can issue a resolution within this framework". 

In a country where political debate is totally non-existent, those in charge who have not bothered with these details undoubtedly have more serious and important things on their minds than a change of prime minister in compliance with the country's fundamental law. They give the impression of acting hastily. And rightly so, given the proximity of the presidential elections. It is most likely that this change, which has come as a great surprise to observers, is part of the preparations for the presidential elections.