| Parliament name (generic / translated) |
Assemblée Nationale / 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 (Article 29 of the Constitution). He or she is the guardian of the Constitution, embodies national unity and is the guarantor of national independence, the integrity of the national territory and ensures that treaties and international agreements are respected. |
| Head of the executive |
President of the Republic |
| Notes |
The President oversees the regular operation of all public authorities, ensures the continuity of the state and chairs the Council of Ministers. The Government determines and conducts national policy. The Prime Minister is the Head of Government. He or she directs and co-ordinates government activities and ensures that laws are implemented. |
| Method for appointing the executive |
The President is directly elected by universal suffrage by an absolute majority in two ballots (Article 30 of the Constitution). He or she may be re-elected once only. The President appoints the Prime Minister and dismisses him or her when the latter presents the resignation of his or her Government (Article 38 of the Constitution). The President appoints and dismisses other members of Government on the advice of the Prime Minister. |
| Term of office of the executive and coincidence with the term of the legislature |
The President is elected for five years. The Prime Minister is appointed from within the majority party in the parliament, which is elected for five years. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
The functions of a member of Government are incompatible with the exercise of any parliamentary mandate; any professional representation function at either local or national level, any public employment or any paid professional activity (Article 58 of the Constitution). |
| Dissolution of Parliament |
Yes |
|
|
|
The President may, after consultation with the Prime Minister and the President of the National Assembly, declare the dissolution of the National Assembly (Article 42 of the Constitution). |
|
|
General elections follow between 21 and 40 days after the dissolution. The National Assembly cannot be dissolved in the year that follows these elections. Between 1990 and 2000, the National Assembly was dissolved once in 1997. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The Cabinet is collectively responsible before the National Assembly (Article 54 of the Constitution). |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Parliamentarians can put oral questions, which are answered in plenary session. Written questions are answered within a month of being tabled. The time reserved for oral questions is at the start of the plenary session following the tabling of the oral question. Questions do not give rise to debates, however. |
- Government reports to Parliament
|
Not applicable |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The Prime Minister, after deliberation with the Council of Ministers shall engage the responsibility of the Cabinet with regard to its programme or on a declaration of the general policy of the Cabinet (Article 78 of the Constitution). The Prime Minister may, after deliberation with the Council of Ministers, engage the liability of the Cabinet before the National Assembly regarding the vote on a bill. In this case, the bill is considered adopted unless a motion of no confidence, tabled in the next twenty-four hours, is adopted. When the National Assembly adopts a new motion of no confidence or when it disapproves of the programme or a declaration of the general politics of the Cabinet, the Prime Minister must submit the resignation of the Cabinet to the President of the Republic. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
The National Assembly shall call the Government's actions into question by a vote of no confidence (Article 78 of the Constitution). |
|
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Such a motion is only acceptable if it is signed by at least one tenth of parliamentarians. At least 48 hours must have elapsed after it has been tabled before a vote can be taken. Only votes in favour of the motion are counted. A motion requires at least a two-thirds majority of the members of the National Assembly to be adopted. |
|
|
Once the parliament has adopted a motion of no confidence the Prime Minister must present the Cabinet's resignation to the President. If the motion is rejected its signatories may not table a new motion of no confidence in the same session. Between 1990 and 2000 two motions of no confidence were tabled by opposition parties. Neither obtained a two-thirds majority of the members of the National Assembly. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The High Court of Justice is competent to judge the President and ministers upon indictment by the National Assembly for high treason or for crimes or offences committed while exercising their functions as well as their complicity in case of a conspiracy against national security (Article 95 of the Constitution). The President may also be prevented temporarily from carrying out his or her duties (Article 36 of the Constitution). |
|
|
The High Court of Justice is composed of members designated by the National Assembly at each general renewal [of the National Assembly]. The court elects its president from among its members. An indictment shall be publicly debated and requires the votes of two thirds of the deputies composing the National Assembly. The High Court of Justice is bound by the definition of the crimes and offences contained in the indictment and by the determination of the penalties laid down in the penal legislation in force at the time. When the President is prevented temporarily from carrying out his or her official duties these shall be provisionally performed by the Prime Minister. |
|
|
If the office of the Presidency of the Republic becomes vacant for any reason, including as a result of any absolute or unavoidable impediment, noted by the Constitutional Court on petition from the President of the National Assembly and the Prime Minister, the functions of the President shall be carried out by the President of the National Assembly and elections for a new President held. These elections are held between 21 and 40 days after the official recognition of the vacancy or impediment. |
- 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 Government directs the civil administration and the armed forces (Article 53 of the Constitution). It is collectively responsible before the National Assembly. |
| Means and modalities of oversight |
|
|
Not applicable |
- Committees of inquiry and missions to Government departments
|
The parliament exercises oversight over the administration's activities through committees of inquiry and the standing committee for the evaluation and monitoring of draft bills. |
- Oral and written questions of parliamentarians
|
Parliamentarians can put oral questions that are answered in plenary session. Written questions receive an answer within a month. The time reserved for oral questions is at the beginning of the plenary session following the one at which the question was tabled. Written questions are published in the official journal. Neither type of question gives rise to a debate. |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable |
- Activity reports of the Government administration and of public services or establishments
|
Not applicable |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Ombudsman is appointed by the President for a non-renewable term of seven years and cannot be dismissed except in the case of an impediment or serious error brought to the attention of the Supreme Court. |
- Relationship to Parliament
|
The Ombudsman takes no instructions from any authority in the performance of his or her duties. He or she receives complaints about the functioning of state administrative bodies, territorial collectives, public bodies or any organisation serving the public. If he or she finds that a complaint is justified, he or she makes any recommendations he or she considers suitable to resolve the complaint submitted and, where necessary, any proposals aimed at improving the way the organisation in question operates. The Ombudsman may also suggest to the competent authorities any amendments to current legislation or regulations that appear appropriate to him or her. The Ombudsman is kept informed of the results of any recommendations made regarding individual complaints received. If the Ombudsman has not received a satisfactory reply within the time he or she has laid down, he or she may propose to the President to give the authority concerned any directive the President may think fit. |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
Yes |
The parliament is consulted during the drafting of the national budget through budget arbitration meetings organised by the finance minister. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The National Assembly addresses the draft budget bill as soon as the normal session proceeding the budgetary period commences (Article 77 of the Constitution). The draft budget bill must provide for the necessary receipts to cover all expenditure. The parliament has three months to deliberate on and vote the budget bill. |
- Reports on the budget / finance act by Committees
|
The scrutiny of the finance bill is the opportunity for the finance committee, which reports to the National Assembly's plenary session, to meet all the financial experts involved and question them on the future budget's perspectives. |
| 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
|
The parliament receives reports from the economic and social council on development plans. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The parliament has the October budget session, i.e. 90 days, available to vote the national budget. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the National Assembly has not reached a decision before the start of the budget period, or if it rejects the budget, the Government sends back the budget within 15 days to the National Assembly convened in extraordinary session. The National Assembly then has eight days to reach a decision. If the budget is still not voted at the end of this session, it is implemented by Government based on the previous budget figures (provisional twelfth) on the advice of the Supreme Court. |
| Budgetary autonomy of Parliament |
Yes |
While a law theoretically grants the parliament budgetary autonomy, the finance minister retains some influence. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The parliament votes the settlement bill for the previous budget. |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The account section of the Supreme Court audits public accounts. |
- Reports of the public auditor's office
|
The account section must supply an audit certificate to the National Assembly for all budget settlement acts. |
|
|
The scrutiny of the finance bill is the opportunity for the finance committee, which reports to the National Assembly's plenary session, to meet all the financial experts involved and question them on the implementation of the previous budget. |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over foreign policy through the foreign affairs committee. |
|
|
Not available |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The parliament may take the initiative to send delegations to inter-parliamentary conferences. |
- Plenary debates on foreign policy issues
|
The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy questions from time to time. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Not applicable |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President negotiates and ratifies treaties (Article 114 of the Constitution). He or she is kept informed of any negotiations that might lead to the conclusion of an international agreement not subject to ratification. Peace treaties and commercial treaties, treaties or agreements related to international organisations, treaties involving the finances of the state, treaties relating to the condition of individuals, treaties involving surrender, exchange or addition of territory may not be approved or ratified except by law. Treaties or agreements regularly ratified or approved have, on publication, an authority superior to that of state laws, provided such treaties or agreements have been ratified or approved by the other contracting party. |
- Other mechanisms for participation in foreign policy by Parliament
|
Parliamentarians participate in the conduct of foreign policy through parliamentary diplomacy. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over defence policy through the national defence committee. |
|
|
Not available |
- 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
|
The declaration of war is authorised by the National Assembly convened in a special session for that purpose (Article 71 of the Constitution). The President then informs the nation by an announcement. States of emergency and states of siege are declared in the Council of Ministers (Article 72 of the Constitution). Their extension beyond ten days may only be authorised by the National Assembly. |
- Role of Parliament in sending troops abroad
|
Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
|
There are no means of oversight available to the parliament other than the above. |
|
STATE OF EMERGENCY
|
| Circumstances |
The President declares, after deliberation with the Council of Ministers, a state of siege or a state of emergency (Article 49 of the Constitution). When the institutions of the Republic, the independence of the nation, the integrity of the national territory, or the execution of international commitments are immediately or gravely threatened, and the regular functioning of the constitutional public powers are interrupted, the President shall take such emergency measures as are required by the circumstances, after consultation with the Prime Minister, the Presidents of the National Assembly and of the High Council of Collectives as well as the Constitutional Court. He or she informs the nation of the situation by an announcement. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
The extension of a state of emergency or a state of siege beyond 10 days can only be authorised by the National Assembly. The application of emergency powers by the President must not in any case compromise either national sovereignty or the integrity of the national territory. The emergency powers must seek to ensure the continuity of the state and re-establish as soon as possible public institutions in conformity with the Constitution. The National Assembly assembles as of right and may not be dissolved during the exercise of emergency powers. |
|
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 judge of the constitutionality of the laws and guarantees the fundamental rights of the individual and public liberties (Article 85 of the Constitution). It is the regulatory body for the functioning of public authorities and institutions. The Constitutional Court comprises nine members who hold the title of Counsellor. Their term of office is seven years renewable once. The nine members are appointed in threes: (i) by the President; (ii) by the President of the National Assembly, and; (iii) by the Superior Council of the Magistracy. His or her peers elect the President of the Constitutional Court. |
|
|
The Constitutional Court is required to rule on the constitutionality of organic laws and statutes prior to their promulgation and on the internal regulations of the National Assembly, the High Council of Collectives and the Economic, Social and Cultural Council before they are put into effect. The Prime Minister submits organic laws to the court. Prior to promulgation, other categories of laws can be referred to the Constitutional Court by the President, the Prime Minister, the President of the National Assembly or one tenth of the deputies, the President of the High Council of Collectives or one tenth of the National Councillors, or by the President of the Supreme Court.
The Constitutional Court hands down its rulings within one month. However, at the request of the Government, and in urgent cases, this period can be reduced to eight days. An appeal to the Constitutional Court suspends the promulgation of a law. Any provision found unconstitutional may be neither promulgated nor applied. There is no appeal against the Constitutional Court's rulings. They are binding on all public authorities, administrations, courts, and on all physical and moral persons. |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
