Constitutional Court Rejects Amendments to Key Articles in the 2025 Finance Bill

BY: Dr. Hana Saada

Algiers, Algeria | November 21st, 2024 —The Constitutional Court of Algeria has recently issued a ruling regarding the amendments introduced in articles 23, 29, 33, and 55 of the 2025 Finance Bill, which was adopted by the Algerian Parliament. In a decision, the Court declared these amendments unconstitutional, asserting that they violated the provisions of Article 147 of the Algerian Constitution.

Constitutional Court’s Landmark Ruling

The ruling follows two requests submitted by the Speaker of the Council of the Nation and the Prime Minister, both of whom raised concerns about the constitutional compatibility of these articles. Specifically, the issue revolves around the requirement stipulated in Article 147 of the Constitution, which mandates that any legislative proposal or amendment which reduces state resources or increases public expenditure must be accompanied by measures aimed at either increasing state revenue or making corresponding savings in other public spending areas.

The Court confirmed the admissibility of the two requests for constitutional review and, upon examination, ruled that the amendments in question were not in compliance with the constitutional stipulation. The Court emphasized that the proposed changes lacked accompanying measures to ensure an increase in state revenues or the redirection of funds from other expenditure items, thereby breaching the constitutional principle of financial equilibrium.

Violating the Principle of Financial Equilibrium

The Constitutional Court specifically addressed amendments to articles 23 (Amendment 45), 29 (Amendment 12), 33 (Amendment 7), and 55 (Amendment 49), stating that these amendments failed to meet the requirements of the law. The Court’s review of parliamentary documents revealed that none of these amendments were substantiated by proposals that would either enhance state revenues or offset the financial impact by cutting other areas of public spending.

As a result, the Court concluded that these amendments violated the fundamental principle of financial equilibrium, which is integral to Algeria’s state budget. The principle of financial equilibrium is designed to ensure that public expenditure remains balanced with available state resources, preventing deficits and ensuring fiscal responsibility.

The decision was officially communicated to key state officials, including the President of the Republic, the Speaker of the Council of the Nation, the Speaker of the People’s National Assembly, and the Prime Minister.

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