Algiers – The Constitutional Court of Algeria has declared amendments to Articles 23, 29, 33, and 55 of the 2025 Finance Law, passed by Parliament, as unconstitutional. The court’s decision, published in Issue 77 of the Official Gazette, stated that the amendments failed to comply with constitutional principles and would be formally communicated to President Abdelmadjid Tebboune.
Legal Review and Decision
The court accepted the two notifications submitted by the President of the Council of the Nation and the Prime Minister regarding the constitutionality of the amendments. It determined that the notifications adhered to Articles 190 and 193 of the Constitution.
However, upon review, the court concluded that the amendments violated Article 147 of the Constitution, which stipulates that:
“No proposed law or amendment submitted by members of Parliament that reduces public revenue or increases public expenditure is admissible unless accompanied by measures to increase state revenues or save equivalent amounts in another budgetary chapter.”
Violations of Fiscal Balance Principles
The court found that the proposed amendments lacked accompanying measures to offset their financial implications. For instance:
- Article 23 (Amendment 45),
- Article 29 (Amendment 12),
- Article 33 (Amendment 7), and
- Article 55 (Amendment 49)
did not include proposals to increase state revenues or reduce expenditures elsewhere, thereby failing to uphold the principle of fiscal balance—a fundamental requirement of Algeria’s national budget framework.
Next Steps
The Constitutional Court has directed its decision to the President of the Republic, the President of the Council of the Nation, and the President of the National People’s Assembly. This step ensures that the law aligns with Algeria’s constitutional and fiscal principles before further implementation.
Significance of the Ruling
This decision underscores the Constitutional Court’s role in safeguarding fiscal integrity and ensuring that legislative proposals adhere to the nation’s constitutional requirements. It also highlights the importance of thorough legislative reviews to maintain financial stability.
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Author: Nor-Eleslam
Algeria, Finance Law 2025, Constitutional Court, fiscal balance, parliamentary amendments.
