Parliament name (generic / translated) |
Assembleia nacional / National Assembly |
Structure of parliament |
Unicameral |
POLITICAL SYSTEM
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Type of political regime |
semi-presidential |
Notes |
The President of the Republic is the Head of State. He symbolises national unity, represents the nation domestically and internationally, ensures compliance with the Constitution and is Commander-in-Chief of the Armed Forces. |
Head of the executive |
President of the Republic |
Notes |
The President defines the country's policy, ensures the proper functioning of state bodies and guarantees national independence and the country's territorial integrity. He presides over the Council of Ministers, which includes the Prime Minister, government ministers and secretaries of State. The Prime Minister directs, conducts and coordinates the general activity of the Government. |
Method for appointing the executive |
The President is elected by universal direct suffrage by citizens resident in the national territory (Article 57 of the Constitution). He has the power to appoint the Prime Minister after hearing the political parties represented in the National Assembly. He also appoints and dismisses the other members of the Government on the advice of the Prime Minister (Article 66 of the Constitution). |
Term of office of the executive and coincidence with the term of the legislature |
The President cannot serve more than two consecutive or discontinuous five-year terms of office. His term of office is not linked to the terms of office of the legislature and the Prime Minister. |
Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
Members of the Government are not allowed to be members of parliament (Article 82 of the Constitution). |
Dissolution of Parliament |
Yes |
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The President has the power to dissolve the parliament after consultation with the Prime Minister, the President of the National Assembly and the Council of the Republic (Article 66.e of the Constitution). |
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The Constitution does not describe the situations in which the President may dissolve the National Assembly. However, it does specify that the National Assembly cannot be dissolved within six months after the beginning of the legislative session, during the last six months of the President's mandate, or during a state of siege or a state of emergency. The parliament can terminate its own mandate. |
ACCOUNTABILITY
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Accountability of Government to Parliament |
Yes |
The Government is politically responsible to the President and to the National Assembly. The Prime Minister represents the Government in the National Assembly and ensures the Government's collective political responsibility to it (Article 117 of the Constitution). |
Modalities of oversight |
- Oral and written questions of parliamentarians
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Questions allow the parliament to challenge the political responsibility of the Government. |
- Government reports to Parliament
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Annual reports allow the parliament to challenge the political responsibility of the Government. |
Measures |
- Vote of confidence on Government programs and/or legislative proposals
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Not applicable |
Motions of censure and votes of no confidence (sub-report) |
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A no-confidence motion may be raised in the event of a violation of the Constitution and/or the law. |
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The vote on a no-confidence motion requires a simple majority of the parliament. |
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If the parliament adopts a no-confidence motion, the Head of Government and the entire government team resigns. In the 11 years from 1990 to 2000, no no-confidence measures were moved. |
Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
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The impeachment procedure is applicable to the President of the Republic. |
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The impeachment procedure may be initiated by one fifth of the deputies and must be approved by a majority of two thirds in order to be sent to the Supreme Court for judgement. |
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In the eleven years from 1990 to 2000, no such charges were filed. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
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Oversight over the actions of the Government administration |
Yes |
During legislative sessions, parliamentarians may question the Government on general or specific policy matters. |
Means and modalities of oversight |
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The parliament carries out oversight of the government administration through hearings before its committees. |
- Committees of inquiry and missions to Government departments
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The parliament carries out oversight of the government administration through the establishment of Commissions of Inquiry. |
- Oral and written questions of parliamentarians
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Members of the National Assembly have the right to question the Government or any of its members, and to obtain from all public bodies and enterprises the cooperation needed to discharge their duties (Article 83 of the Constitution). No specific time is set aside for questions in the plenary sessions. However, there is no deadline within which members of the Government must reply to such questions, and there is no specific time set aside for questions in the plenary sessions. There are no regulations setting out the situations in which questions may give rise to a parliamentary debate. |
- Role of Parliament in the appointment of senior Government officials
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Not applicable |
- Activity reports of the Government administration and of public services or establishments
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Not applicable |
- Representation of Parliament in governing bodies of the Government administration
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Not applicable |
Existence of an ombudsman |
No |
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- Method for appointing the executive
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Not applicable |
- Relationship to Parliament
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Not applicable |
BUDGETARY OVERSIGHT
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Consultation of Parliament in the preparation of the national budget
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No |
Not applicable |
Modalities of oversight |
- Examination of the budget / finance act by Parliament
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The parliament adopts the national budget as proposed by the Government. |
- Reports on the budget / finance act by Committees
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The parliament carries out budgetary oversight through the reports of the Finance Committee. Each quarter, the Government draws up reports on budget implementation, which are submitted for study by the Committee. The Committee issues an opinion and submits the reports for approval by the parliament. |
Fields overseen |
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Not applicable |
- Budget of special departments
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Not applicable |
- Role of Parliament in national development plans
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Not available |
Parliament's deadline for the examination and adoption of the budget / finance act |
The parliament has one month to approve the budget. |
Consequences of failure by Parliament to adopt the budget / finance act |
The law does not specify the consequences of a budget deadlock. |
Budgetary autonomy of Parliament |
Yes |
While the parliament is financially autonomous and has its own budget, the parliament's budget is integrated into the overall state budget. |
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
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Evaluation of Government spending |
Parliament approves Government expenditures annually |
Yes |
The parliament approves, on the proposal of the Government, implementation reports on the plan and the national budget. |
Parliamentary oversight of public companies |
No |
Not applicable |
Modalities of oversight |
- Body for auditing the Government's books and method for appointing
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There is a public auditor's office; its president is designated by the parliament. |
- Reports of the public auditor's office
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The public auditor's office regularly submits reports to the parliament. |
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The parliament carries out regular oversight of public expenditure through the reports of the Finance Committee. Every quarter, the Government draws up reports on budget implementation, which are submitted to the Economic and Finance Committee for consideration. The Committee issues an opinion and submits the reports for the approval of the parliament. |
OVERSIGHT OVER FOREIGN POLICY
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Foreign Relations Committee (sub-report) |
- Functions of the Committee
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The parliament carries out oversight of foreign policy through the Foreign Affairs Committee. |
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Not available |
- Composition of the Committee
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The Committee's composition reflects the proportional strength of each party in the parliament. |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
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The parliament carries out oversight of foreign policy through bilateral visits and inter-parliamentary conferences. |
- Plenary debates on foreign policy issues
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Not applicable |
Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
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Parliamentarians may take part in intergovernmental meetings at the request of the Government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
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The law does not stipulate the means available to the parliament to request that an international treaty or instrument be submitted to it for ratification. Under Article 66 of the Constitution, the President of the Republic is competent for the ratification of treaties. All treaties must be approved by the National Assembly or the Government. Parliament approves international treaties on matters falling within its absolute legislative mandate, as well as treaties on peace, Angola's participation in international organisations, the rectification of borders, friendship, defence, military matters and treaties on any other questions submitted to it by Government (Article 88.k of the Constitution). |
- Other mechanisms for participation in foreign policy by Parliament
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Foreign policy is primarily the domain of the President of the Republic and the Government. Parliamentary oversight of foreign policy is essentially limited to the approval of certain international treaties. |
OVERSIGHT OVER NATIONAL DEFENCE POLICY
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National Defence Committee (sub-report) |
- Functions of the Committee
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The parliament carries out oversight of the national defence policy through the National Defence Committee. |
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Not available |
- Composition of the Committee
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The Committee's composition reflects the proportional strength of each party in the parliament. |
Parliamentary oversight of public arms manufacturing companies |
Not available |
Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
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The parliament approves the President's declarations of a state of emergency. |
- Role of Parliament in sending troops abroad
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Not available |
- Other mechanisms for participation in national defence policy by Parliament
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The national defence policy is chiefly the domain of the President and the Government. The National Defence Council, presided over by the President and composed of the Prime Minister, the Ministers of Defence, the Interior, Foreign Affairs and Finance, as well as the Chief of Staff of the armed forces, is the advisory body for matters related to national defence and the organisation, functioning and discipline of the armed forces (Article150 of the Constitution). |
STATE OF EMERGENCY
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Circumstances |
The President of the Republic may declare a state of emergency in the event of war, internal turmoil or financial crisis. |
Can parliament take the initiative to declare a state of emergency |
No |
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Consequences of a state of emergency for Parliament |
Parliament approves the declaration of the state of emergency by the President of the Republic. It continues to function normally and cannot be dissolved by the President. |
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
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Modalities of oversight |
- Body ruling on the constitutionality of laws
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A specialised body / constitutional Court |
The Constitutional Court administers justice on legal and constitutional matters. More precisely, it (i) prevents unconstitutionality, (ii) considers whether laws, executive decrees, ratified international treaties and any other rules or regulations are unconstitutional, (iii) verifies and considers non-compliance with the constitutional law owing to failure to take the requisite measures to make constitutional rules executable, (iv) considers appeals in respect of the constitutionality of all decisions of other courts that may refuse to apply any rule or law on the grounds that it is unconstitutional, and (v) considers appeals in respect of the constitutionality of all decisions of other courts that may apply a rule or law whose constitutionality has been invoked during a trial (Article 134 of the Constitution). |
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The President and one fifth of the members of the National Assembly may ask that the Constitutional Court give prior consideration to the constitutionality of any draft rule or law subject to promulgation, signature or ratification by the President. Such draft rules or laws in respect of which prior consideration has been requested cannot be promulgated or signed until the Court has given its ruling. Where a rule or law is declared to be unconstitutional, it is vetoed by the President and returned to the body that approved it for removal of the part deemed unconstitutional (Article 154 of the Constitution).
The President, one fifth of the members of the National Assembly present, the Prime Minister and the Attorney General may ask that the Constitutional Court give prior consideration to any rules or laws. The declaration of the unconstitutionality of a rule or law takes effect with the entry into force of the said rule or law, and entails the redrafting of the laws that the decision in question may have revoked. The Constitutional Court must state its views within 45 days on the constitutionality of rules and laws submitted to it for consideration. |
Evaluation of laws |
Not applicable |
The law does not stipulate the measures available to parliament in the event of the failure to enforce laws. |
Measures |
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