Parliament name (generic / translated) |
Assembleia Nacional Popular / People's National Assembly |
Structure of parliament |
Unicameral |
POLITICAL SYSTEM
|
Type of political regime |
semi-presidential |
Notes |
The President of the Republic is the Head of State, represents the Republic, is the symbol of unity, the guarantor of national independence and the supreme commander of the armed forces (Article 62 of the Constitution). |
Head of the executive |
Prime Minister |
Notes |
The Government is constituted by the Prime Minister, the ministers and the secretaries of state. The Prime Minister is the head of the Government, and it is his/her duty to guide and coordinate its action and to ensure the execution of the laws (Article 97 of the Constitution). It is incumbent upon the Prime Minister to inform the President on issues regarding the internal and external politics of the country. |
Method for appointing the executive |
The President is elected by universal direct suffrage. The Prime Minister is appointed by the President, heeding the election results, and after hearing the political parties represented in the parliament. The ministers and secretaries of state that make up the Government are also appointed by the President, upon the proposal of the Prime Minister. |
Term of office of the executive and coincidence with the term of the legislature |
The term of office of the President is five years, that of the legislature is four years. |
Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
When a ministerial post is accepted a parliamentary mandate is automatically suspended. |
Dissolution of Parliament |
Yes |
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The parliament may be dissolved before the end of its mandate if the normal functioning of the institutions is called into question. |
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The parliament may be dissolved by the President after consultation with the National Assembly, the political parties with parliamentary seats, and the Council of State. Furthermore, during the political-military conflict of 1998-1999, the parliament was forced to extend its mandate. |
ACCOUNTABILITY
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Accountability of Government to Parliament |
Yes |
The Government is both collectively and individually politically accountable to the parliament. |
Modalities of oversight |
- Oral and written questions of parliamentarians
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Interpellations are carried out in the Government through oral and written questions. |
- Government reports to Parliament
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Not applicable |
Measures |
- Vote of confidence on Government programs and/or legislative proposals
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The legislative procedure allows the parliament to engage the political responsibility of the Government. |
Motions of censure and votes of no confidence (sub-report) |
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The parliament may table a motion of censure. |
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A motion of censure must be adopted by an absolute majority of the members of the parliament. |
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If a motion of censure is adopted, the Government or the member of the Government concerned resigns. However, the resignation of the Government does not entail the dissolving of the parliament. Over the course of the past ten years, no motion of censure has been tabled. |
Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
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The parliament may initiate legal proceedings aimed at dismissing high-ranking government officials. |
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Not available |
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Not available |
- 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 |
The Government reports on its political activity to the parliament collectively as well as individually. |
Means and modalities of oversight |
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The parliament exercise control over the actions of the government administration through hearings in the committees. |
- Committees of inquiry and missions to Government departments
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The parliament exercise control over the actions of the government administration through specialized committees. |
- Oral and written questions of parliamentarians
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Interpellations are carried out in the Government by means of oral and written questions. The deadline for a response depends on the circumstances. The time reserved for questions is before the agenda and lasts one hour. |
- 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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The parliament in represented by certain members within the Supreme Council of the Judicial Magistracy, the State Ministry and the Council of State. |
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
|
No |
Not available |
Modalities of oversight |
- Examination of the budget / finance act by Parliament
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The parliament approves the finance bill (Article 56.7 de la Constitution). |
- Reports on the budget / finance act by Committees
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The parliament exercises budgetary oversight over the reports of the Finance Committee as well as over the examination of the reports of each state department by the special committee of the domain. |
Fields overseen |
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The parliament exercises oversight over the budgetary items for defence by the Special Committee for Defence and Security. |
- Budget of special departments
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The parliament exercises oversight over the budgetary items for special services by the Special Committee. |
- Role of Parliament in national development plans
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The parliament may evaluate, discuss and approve the economic development plans. |
Parliament's deadline for the examination and adoption of the budget / finance act |
There is no fixed deadline, but normally the parliament examines the national budget over 30 days. |
Consequences of failure by Parliament to adopt the budget / finance act |
In the case of a budgetary deadlock, a newly revised budget must be presented within 15 days. |
Budgetary autonomy of Parliament |
Yes |
On a quarterly basis, the Assembly Office, which oversees budgetary autonomy carries out the transfer and control of the sum due to the public treasury. |
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 the reports of the state accounts. |
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 court of auditors, whose President is not appointed by the parliament but by the President of the Republic. |
- Reports of the public auditor's office
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The Court of Auditors is required to submit a report to the parliament each year. However, there is no follow-up reserved for these reports in the parliament. |
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The parliament exercises oversight over the implementation of the budget via special committees. |
OVERSIGHT OVER FOREIGN POLICY
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Foreign Relations Committee (sub-report) |
- Functions of the Committee
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The parliament exercises oversight over foreign policy through the Foreign Affairs Committee. |
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This Committee does not have any regulations. |
- Composition of the Committee
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The Committee is composed of five deputies. |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
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Not applicable |
- Plenary debates on foreign policy issues
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The parliament exercises oversight over foreign policy by organizing (infrequent) plenary sessions on foreign policy issues. |
Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
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Parliamentarians may participate in inter-governmental meetings upon the Government's request. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
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International treaties are signed by the Government and submitted for parliamentary ratification. Ratification by the parliament is necessary and compulsory in order to enable treaties to become applicable to the nation. |
- Other mechanisms for participation in foreign policy by Parliament
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Besides the aforementioned there are no other means of control available to the parliament. |
OVERSIGHT OVER NATIONAL DEFENCE POLICY
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National Defence Committee (sub-report) |
- Functions of the Committee
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The Special Committee for Defence and Security is responsible for making all activities for national defence subject to tax. |
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Not available |
- Composition of the Committee
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Not available |
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
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Not applicable |
- Role of Parliament in sending troops abroad
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Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
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Besides the aforementioned there are no other means of control available to the parliament. |
STATE OF EMERGENCY
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Circumstances |
A state of emergency may be declared in the event of war, natural disaster and internal conflict. It is the President who declares a state of emergency with the parliament's authorization. |
Can parliament take the initiative to declare a state of emergency |
No |
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Consequences of a state of emergency for Parliament |
The parliament continues functioning normally. |
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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Supreme Court / Tribunal |
Not available |
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Not available |
Evaluation of laws |
No |
Not applicable |
Measures |
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