IPU Logo    INTER-PARLIAMENTARY UNION
>>> VERSION FRANÇAISE  
   HOME -> PARLINE -> CONGO (Assemblée nationale)
Print this pagePrint this page
PARLINE database new searchNew search
CONGO
Assemblée nationale (National Assembly) PARLIAMENTARY OVERSIGHT

Compare data for parliamentary chambers in the Oversight module

Chapters:

Parliament name (generic / translated) Parlement / Parliament
Structure of parliament Bicameral
Chamber name Assemblée nationale
Related chamber (for bicameral parliaments) Sénat / Senate
POLITICAL SYSTEM
Type of political regime presidential
Notes The President of the Republic is the Head of State, embodies national unity, protects and defends the Constitution, ensures the regular function of public institutions and acts as the patron of arts and letters (Article 56 of the Constitution). The President guarantees the continuity of the state, national independence, the integrity of the national territory and the respect of all treaties and international agreements. The parliament is comprised of two Chambers, the National Assembly and the Senate (Article 89 of the Constitution).
Head of the executive President of the Republic
Notes The President is the Head of the executive and the Head of Government. He or she determines and conducts national policy, has regulatory powers and ensures that laws are implemented. The President chairs the Council of Ministers (Article 81 of the Constitution).
Method for appointing the executive The President is elected by an absolute majority of the votes cast (Article 59 of the Constitution). If this is not obtained on the first ballot a second ballot is held 21 days later. Only the two candidates who received the greatest number of votes cast on the first ballot may stand at the second ballot. The candidate who receives the greatest number of votes cast is elected on the second ballot. The President appoints and dismisses ministers who are only accountable to him (Article 74 of the Constitution). He or she fixes the responsibilities of each minister by decree and may delegate some of his or her powers to a minister.
Term of office of the executive and coincidence with the term of the legislature The President is directly elected for seven years by universal suffrage (Article 57 of the Constitution). He or she may be re-elected once. His or her mandate does not coincide with those of the Chambers. The term of office for the deputies of the National Assembly is five years and that for senators is six years (Article 92 of the Constitution).
Incompatibility of the functions of member of the executive and member of Parliament Yes The mandate of a deputy of the National Assembly or of a senator is incompatible with any other public office (Article 95 of the Constitution). If incompatibility does arise the parliamentarian is replaced by his or her substitute. If incompatibility should no longer apply the parliamentarian regains his or her seat. The office of minister is incompatible with any parliamentary mandate, public civil or military employment or any professional activity with the exception of farming, cultural activities, and service as a local councillor, teaching or research (Article 75 of the Constitution).
Dissolution of Parliament No
  • Circumstances
 The President of the Republic cannot dissolve the National Assembly (Article 114 of the Constitution).
  • Modalities
 On a decision of the National Sovereign Council, the parliament was dissolved in 1991. It was dissolved a second time by the President in December of the same year following a change of majority in the National Assembly. On 24 October 1997, the parliament was dissolved a third time under Article 85 of the Fundamental Law.
ACCOUNTABILITY
Accountability of Government to Parliament Yes Parliament exercises legislative power and oversees the actions of the executive (Article 89 of the Constitution). The National Assembly may not, however, dismiss the President (Article 114 of the Constitution), and ministers are only accountable to the President (Article 74 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
 Government accountability to the parliament is brought into play through questions put to ministers.
  • Government reports to Parliament
 Once a year, the President addresses a message on the state of the nation to both Chambers in joint session (Article 85 of the Constitution). He or she may at any time address messages to the National Assembly or the Senate, but such messages do not give rise to any debate.
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 Not applicable
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 Not applicable
  • Modalites
 Not applicable
  • Consequences
 Not applicable
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 The President is only answerable in case of high treason (Article 87 of the Constitution). Members of the National Assembly and the Senate, ministers, members of the Supreme Court and the Constitutional Court are answerable before the High Court of Justice for acts deemed as crimes or misdemeanours committed in the performance of their respective offices (Article 154 of the Constitution). All such persons may only be accused by both Chambers in joint session assembled as a result of a secret ballot returning a two-thirds majority of members. Co-authors and accomplices of such persons are equally answerable before the court without the act of accusation in their case having to come from the parliament.
  • Modalites and procedure
 The High Court of Justice is made up of an equal number of deputies and senators elected by their peers and of members of the Supreme Court also elected by their peers (Article 152 of the Constitution).
  • Consequences
 If the President dies, resigns or the office of President becomes vacant for any other reason during the term of office, the presidential functions are exercised provisionally by the President of the Senate (Article 70 of the Constitution). Such vacancy is stated and declared by the Constitutional Court, on application from the President of the National Assembly. The election of a new President shall take place within a minimum of 45 days and a maximum of 90 days after the office of President has become vacant unless the Constitutional Court finds that a case of force majeure exists. The President of the Senate, in his or her capacity as interim President of the Republic, may not be a candidate in the elections for the new President.
  • Have these procedures been applied?
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes Government accountability to the parliament is brought into play through questions put to ministers as heads of their respective departments.
Means and modalities of oversight
  • Hearings in Committees
 Ministers have access to parliamentary sessions (Article 117 of the Constitution). They are heard at the request of a deputy or of a senator or of a committee, or at their own request and may be assisted by experts.
  • Committees of inquiry and missions to Government departments
 The parliament exercises oversight over the activities of the government administration through the creation of committees of inquiry.
  • Oral and written questions of parliamentarians
 The parliament exercises oversight over the activities of the government administration by putting oral, written and topical questions to ministers and senior civil servants. Interpellations may also be put to members of Government on questions of national interest. The presidents of the Chambers meet to set the dates for the two sessions reserved for oral questions. Ministers are required either to reply to questions in the plenary session or individually in writing to the parliamentarian concerned. If a parliamentarian is not satisfied with a reply, the oral or written question may become the subject of an interpellation.
  • Role of Parliament in the appointment of senior Government officials
 Not available
  • Activity reports of the Government administration and of public services or establishments
 Not available
  • Representation of Parliament in governing bodies of the Government administration
The mandate of a deputy of the National Assembly or of a senator is incompatible with any other public office (Article 95 of the Constitution).
Existence of an ombudsman Yes
  • Method for appointing the executive
 The Ombudsman is appointed for three years by a decree of the Council of Ministers.
  • Relationship to Parliament
The Ombudsman is an independent authority charged with simplifying and humanising relations between the administration and the citizens (Article 164 of the Constitution). Any individual or body who is of the opinion that a public authority has not acted according to the mission of public service entrusted to that authority in a matter that concerns them may appeal to the Ombudsman. The Ombudsman presents an annual report to the parliament on his or her activities at the end of each year.
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget Yes The parliament is consulted on the preparation of the national budget through budgetary conferences.
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 Finance bills, approved by the parliament, determine the state's receipts and expenditures (Article 112 of the Constitution).
  • Reports on the budget / finance act by Committees
 The draft finance bill, once tabled, is sent to the finance and economics committee, which then draws up a report and submits it to the plenary session.
Fields overseen
  • Defence budget
 Not available
  • Budget of special departments
 Not available
  • Role of Parliament in national development plans
 The parliament approves the economic and social development plan (Article 111 of the Constitution).
Parliament's deadline for the examination and adoption of the budget / finance act The parliament receives the draft finance bill not later than one week before the opening of the October session (Article 126 of the Constitution). It has two months to examine the budget and between 60 and 75 days to enact it.
Consequences of failure by Parliament to adopt the budget / finance act If the parliament has not enacted the budget by the end of the October session, the President calls for an extraordinary session which may not exceed 15 days. If this deadline is passed the budget is established by ordinance on the advice of the Constitutional Court. If the parliament did not receive the draft finance bill in time and the budget is not enacted in the first extraordinary session a second extraordinary session is called by the President.
Budgetary autonomy of Parliament Yes The parliament determines the credits required for its operation and includes them in the national budget. The president of each Chamber manages his or her own budget.
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes Settlement bills, approved by the parliament, govern the implementation of the finance acts, subject to budgetary discipline and subsequent audit of the public accounts by the Court of Accounts (Article 112 of the Constitution).
Parliamentary oversight of public companies Yes Oversight can be exercised through parliamentary committees of inquiry and ad hoc commissions.
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 The Court of Accounts verifies public accounts and is appointed by the Government (Article 129 of the Constitution).
  • Reports of the public auditor's office
 The draft settlement bill is put before the parliament and distributed at the end of the year following the year for which the budget was enacted at the latest. The Court of Accounts submits a report to the parliament at the time the settlement bills are examined. The parliament takes account of this report when examining settlement bills in plenary session.
  • Specialised committee
 Not applicable
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over foreign policy through the committee on foreign affairs and cooperation.
  • Powers of the Committee
 The committee addresses questions relative to foreign policy, cooperation, embassies and international organisations.
  • Composition of the Committee
 The composition of the committee reflects the numerical strength of each party in the parliament.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.
  • Plenary debates on foreign policy issues
 Debates are only held on draft bills authorising the ratification of texts and conventions. On average, there are three debates per session.
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 The parliament may participate in intergovernmental meetings at the request of Government.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 The President of the Republic negotiates signs and ratifies treaties and international agreements (Article 178 of the Constitution). Ratification requires the approval of the parliament particularly with regard to peace treaties, defence treaties, trade treaties, treaties dealing with natural resources, agreements relative to the international community, agreements committing state finances, agreements modifying existing legislation, agreements relative to the status of individuals, or treaties involving the ceding or exchange of or addition to the national territory. The President and the parliament are kept informed of any negotiations leading to the conclusion of international agreements not requiring ratification. If the Constitutional Court finds that an international agreement contains a clause that is contrary to the Constitution, authorisation to ratify or approve such an agreement may only be given after the Constitution has been revised.
  • Other mechanisms for participation in foreign policy by Parliament
There are no other parliamentary oversight mechanisms in addition to the above.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over defence policy through the committee on defence and security.
  • Powers of the Committee
 The committee addresses questions relative to general defence organisation, policy regarding military cooperation and assistance and the general organisation of internal security.
  • Composition of the Committee
 The composition of the committee reflects the numerical strength of each party in the parliament.
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
 When the institutions of the Republic, national independence, the integrity of the national territory or the fulfilment of international commitments are under serious and imminent threat and the regular functioning of civil government is either threatened or interrupted, the President may, after consultations with the presidents of both Chambers and with the President of the Constitutional Court, take such exceptional measures as circumstances shall require (Article 84 of the Constitution). He or she shall inform the nation by a message. The parliament shall meet as of right in extraordinary session and fix a deadline beyond which the President may no longer take exceptional measures.
  • Role of Parliament in sending troops abroad
 Not available
  • Other mechanisms for participation in national defence policy by Parliament
 There are no other parliamentary oversight mechanisms in addition to the above.
STATE OF EMERGENCY
Circumstances The declaration of war is authorised by both Chambers in joint session (Article 130 of the Constitution). In the case of an imminent danger resulting in serious breaches of public order or in the case of events, which by their nature and gravity may lead to public calamity or national disaster, the President may decree, in the Council of Ministers assembled, a state of emergency throughout all or part of the national territory. In the case of imminent danger either from a foreign threat or from armed insurrection or from grave events arising from a state of emergency, the President may decree in the Council of Ministers assembled a "state of siege". In both cases the President shall inform the nation in a message. Both Chambers shall meet as of right in joint session if they are not already in session to authorise the extension of the state of emergency or state of siege beyond the statutory 15 days.
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament If, following exceptional circumstances, the parliament cannot meet effectively the decision to declare war is taken by the President in the Council of Ministers assembled. He or she shall immediately inform the nation. If, following exceptional circumstances, the parliament cannot meet at all the President can decide to maintain the state of emergency or state of siege. He or she shall inform the nation in a message.
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 consists of nine members each serving for a term of nine years. This term is renewable (Article 144 of the Constitution). One third of the members are renewed every three years. Three members of the Constitutional Court are appointed by the President. The other members are appointed by the President and are two members from each Chamber on the advice of the president of each Chamber and two members on the advice of the bureau of the Supreme Court from among the members of that court. The President of the Constitutional Court is appointed by the President from among its members and has the deciding vote.
  • Means and procedures
 The Constitutional Court rules on the constitutionality of laws, treaties and international agreements (Article 146 of the Constitution). It monitors presidential elections, hears appeals and proclaims results. The Constitutional Court is petitioned by the President, the Presidents of the National Assembly and the Senate, or by one third of the members of either Chamber. It is petitioned to find on matters of conformity before the promulgation of any organic laws or the entry into effect of the standing orders of the Chambers. The court has a month to hand down its findings. However, this period may be shortened to 10 days at the express request of the petitioner if the matter is urgent. The fact of petitioning the Constitutional Court suspends any deadline for promulgating an organic law or putting a standing order into effect.

Any individual may, either directly, or by entering a plea of non-constitutionality in a matter that involves him or her before a court, petition the Constitutional Court for a finding on the constitutionality of laws. Where such a plea of non-constitutionality has been entered before a court that court shall postpone any finding it may make and grant the petitioner a period of one month from the decision becoming known. A legal disposition declared unconstitutional can neither be promulgated nor put into effect. There is no appeal against the Constitutional Court's decisions. They are binding on all public bodies, administrative authorities, courts and individuals.
Evaluation of laws No Not applicable
Measures

Copyright 1996-2013 Inter-Parliamentary Union