| Parliament name (generic / translated) |
Assemblée nationale / National Assembly |
| Structure of parliament |
Unicameral |
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
The President of the Republic embodies national unity. He or she is the guarantor of national independence, of territorial integrity and of respect for the Constitution and international treaties and agreements. |
| Head of the executive |
President of the Republic |
| Notes |
The President is elected by the people and is the Head of State and head of the Government (Article 41 of the Constitution). The post of prime minister does not exist. |
| Method for appointing the executive |
The president is elected by two-ballot uninominal majority voting (Article 43 of the Constitution). On the day of his or her inauguration, the head of the executive takes an oath before the members of the Constitutional Court, in the presence of the deputies. The President appoints members of the Government with the approval of the National Assembly. |
| Term of office of the executive and coincidence with the term of the legislature |
The term of the mandate of the President lasts five years and may be renewed once (Article 42 of the Constitution). This does not coincide with that of the parliament of four years. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
Members of the Government who are elected as parliamentarians are free to rejoin the parliament. In making that choice they must leave the Government within 30 days. |
| Dissolution of Parliament |
No |
|
|
|
The parliament cannot be dissolved but may extend its mandate according to direct legislative procedure (amending the Constitution by a qualified 4/5 majority vote of the members of the Assembly) or indirectly (a referendum requested by the Assembly) |
|
|
Not applicable |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
No |
The Government is not responsible to the parliament, which nevertheless exercises limited control over the actions of the Government. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
The parliament exercises limited control over the Government by putting oral and written questions to ministers. Questions about current issues as well as oral or written questions generally lead to recommendations. |
- Government reports to Parliament
|
The President addresses the deputies with an annual message on the situation in the country. This message is not followed by a debate. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The parliament may exercise limited control over the actions of the Government by the vote of a resolution on a legislative bill. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
Not applicable |
|
|
Not applicable |
|
|
Not applicable |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President bears personal responsibility for high treason, dishonouring the Assembly, and breaches of honour or probity (Article 73 of the Constitution). The High Court of Justice is competent to judge the President of the Republic and members of the Government for acts of high treason and violations committed while exercising, or at the time of exercising, their duties, as well as to judge their accomplices in cases of conspiring against state security (Article 136 of the Constitution) |
|
|
The High Court of Justice is bound by the definition of the violations and by the outcome of the sanctions resulting from the current penal law at the time of the acts. The decision of the proceedings plus the indictment of the President and the members of the Government are voted by a two-thirds majority of the members of the National Assembly. The taking of evidence is led by the magistrates of the prosecution chamber of the Court of Appeal having jurisdiction over the seat of the National Assembly. |
|
|
The President and the members of the Government are suspended from office in the case of indictment for high treason, dishonouring the National Assembly and breaches of honour and probity (Article 138 of the Constitution). If found guilty they are charged. |
- Have these procedures been applied?
|
|
Not available |
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The President must address the National Assembly annually with a speech on the situation in the country to account for his activities. |
| Means and modalities of oversight |
|
|
The parliament exercises control over the government administration by holding hearings before the committees. |
- Committees of inquiry and missions to Government departments
|
The parliament exercises control over the government administration by setting up committees of inquiry. |
- Oral and written questions of parliamentarians
|
The parliament exercises limited control over the actions of the Government by questions put to ministers. Parliamentarians can put oral or written questions to the Government, which has 30 days to reply. During sessions of the National Assembly, Thursday afternoon is reserved for these questions. Any question may initiate debate if its initiator specifies as such. Questions about current issues as well as oral or written questions generally lead to recommendations. Resolutions can eventually lead to an interpellation. |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable |
- Activity reports of the Government administration and of public services or establishments
|
The President addresses the deputies with an annual message on the situation in the country. |
- Representation of Parliament in governing bodies of the Government administration
|
|
| Existence of an ombudsman |
No |
|
- Method for appointing the executive
|
Not applicable |
- Relationship to Parliament
|
Not applicable |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
Not applicable |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The parliament exercises budgetary control during the examination of the finance act. |
- Reports on the budget / finance act by Committees
|
The parliament exercises budgetary oversight through reports of the finance committee. |
| Fields overseen |
|
|
The parliament exercises oversight over all public funds. |
- Budget of special departments
|
The parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
Not applicable |
| Parliament's deadline for the examination and adoption of the budget / finance act |
A parliamentary session is reserved for examining the national budget. This session lasts three months, from October to December. The end of this session marks the deadline for the parliament to approve the budget. |
| Consequences of failure by Parliament to adopt the budget / finance act |
Provisional twelfth voting applies when the budget estimate is not delivered on time. If the budget is delivered on time but the National Assembly has not been able to approve it the President may order its execution. |
| Budgetary autonomy of Parliament |
Yes |
The National Assembly budget is implemented by the Assembly itself and inserted into the national budget. The Chairman of the Assembly and the parliamentary administrators periodically call the Government for capital. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The parliament exercises oversight over the execution of the budget and all public spending by bylaw. |
| Parliamentary oversight of public companies |
No |
Documents and information that support the control of public enterprise accounts are passed on by the Accounts Chamber to the Chairman of the National Assembly. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The body nominated by the parliament for supporting public accounts control is the Accounts Chamber |
- Reports of the public auditor's office
|
Documents and information that support control of the general budget and independent budgets are given by the Accounts Chamber to the Chairman of the National Assembly. |
|
|
The parliament exercises oversight over the execution of the budget and all public spending through a special committee. |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not applicable |
- Plenary debates on foreign policy issues
|
Not applicable |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Not applicable |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The parliament must give its authorization before the Government ratifies each treaty. However, there is no special deadline for this besides that provided by legislative procedure. |
- Other mechanisms for participation in foreign policy by Parliament
|
The parliament does not oversee the actions of the Government in foreign affairs. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
The declaration of war is authorized by the National Assembly. A state of war and a state of emergency are declared at the Council of Ministers following the advice of the National Assembly. A state of war and state of emergency can only be extended beyond 15 days with the authorization of the National Assembly. |
- Role of Parliament in sending troops abroad
|
Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
|
The President of the Republic is responsible for national defence policy
(Article 54 of the Constitution). |
|
STATE OF EMERGENCY
|
| Circumstances |
If there is a serious and immediate threat to the institutions of the Republic, the independence of the nation, the integrity of national territory or the carrying out of international obligations, and if the normal functioning of public and constitutional powers is threatened or interrupted, the President, after consultation with the Chairman of the National Assembly and the Chairman of the Constitutional Court, takes exceptional measures at the Council of Ministers that are required by the circumstances and without which the rights of the citizens guaranteed by the Constitution would be suspended (Article 68 of the Constitution). He or she addresses the nation with a message about it and the National Assembly meets in extraordinary session without needing to be convened.
A declaration of war is authorized by the National Assembly (Article 101 of the Constitution). When the National Assembly cannot usefully convene as a result of exceptional circumstances, the decision about the declaration of war is taken at the Council of Ministers by the President who immediately informs the nation. A state of war and a state of emergency are declared at the Council of Ministers following the advice of the National Assembly. A state of war and state of emergency can only be extended beyond 15 days with the authorization of the National Assembly. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
When the National Assembly is not called for its opinion, no state of war or state of emergency can be declared without its authorization within 60 days of the introduction of a state of war or emergency. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
A specialised body / constitutional Court |
The Constitutional Court is the highest court of the State in constitutional jurisdiction (article 114 of the Constitution). It makes judgement on the constitutionality of the law and guarantees the fundamental rights of individuals and public liberties. It is the regulating body of the functioning of institutions and the activity of public authorities. |
|
|
The Constitutional Court decides obligatorily on (i) the constitutionality of organic laws and laws in general before their promulgation, (ii) the internal regulations of the National Assembly, of the high authority of the audiovisual and of the communication and of the Economic and Social Council, before their implementation as to their conformity with the Constitution, (iii) the constitutionality of the laws and regulatory acts expected to harm the fundamental human rights and the public liberties and in general, on the violation of human rights, and (iv) the conflicts of appointment between state institutions (Article 117 of the Constitution)
The Constitutional Court, at the request of the President or of all members of the National Assembly, gives its opinion on the constitutionality of the laws before their promulgation. All citizens may refer to the Constitutional Court on the constitutionality of the laws, either directly, or following the exception procedure of the unconstitutionality invoked in an affair, which concerns it before a jurisdiction. An enactment deemed unconstitutional may neither be promulgated nor implemented. The decisions of the Constitutional Court are not subject to appeal (Articles 120-4 of the Constitution). |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
