| Parliament name (generic / translated) |
Assemblée nationale / National Assembly |
| Structure of parliament |
Unicameral |
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POLITICAL SYSTEM
|
| Type of political regime |
semi-presidential |
| Notes |
The President is the guardian of the Constitution and the senior patron of the arts and humanities of the country (Article 42 of the Constitution). He/she embodies national unity and guarantees the regular functioning of institutions, national independence and territorial integrity, and determines state policy. |
| Head of the executive |
President of the Republic |
| Notes |
The President presides over the Council of Ministers. The Government includes the Prime Minister, the head of the Government. He/she leads and coordinates state policy under the direction of the Prime Minister (Article 53 of the Constitution). |
| Method for appointing the executive |
The President is elected by universal direct suffrage by a two-ballot majority poll (Article 26 of the Constitution). He/she appoints the Prime Minister and dismisses him/her from office (Article 49 of the Constitution). Upon the proposal of the Prime Minister, the President appoints ministers, sets out their remit and dismisses them from office. |
| Term of office of the executive and coincidence with the term of the legislature |
The term of office of the President is five years (Article 27 of the Constitution). His/her mandate may be renewed once and does not coincide with that of the legislature, which is also of five years. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
The office of a member of the Government is incompatible with that of a parliamentarian as well as all private or public professional activity (Article 54 of the Constitution). |
| Dissolution of Parliament |
Yes |
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The President may, after hearing the recommendations of the Prime Minister and the President of the National Assembly, declare the dissolution of the Assembly by decree (Article 87 of the Constitution). |
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Dissolution may not take place during the two first years of the parliament. The dissolution decree sets the poling date for the deputies' election, which takes place no less than 60 and no more than 90 days after the said decree has been published. The dissolved National Assembly may not meet but the deputies' mandate does not expire until a poling date for new assembly members has been announced. Between 1990 and 2000, the parliament was only dissolved once. |
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ACCOUNTABILITY
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| Accountability of Government to Parliament |
Yes |
The Government is accountable to the President and to the National Assembly (Article 53 of the Constitution). The Government is a collegial and joint institution. The resignation or suspension of the functions of the Prime Minister automatically entails the resignation of all government members. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Deputies may ask written and oral questions to members of the Government who are required to give a response. Questions may give rise to debate if the conference of the Presidents so decides. |
- Government reports to Parliament
|
Not applicable |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
After his/her nomination, the Prime Minister makes his/her declaration of public policy before the National Assembly (Article 55 of the Constitution). This declaration is followed by a debate, which upon the request of the Prime Minister may give rise to a vote of confidence. In the case of a vote of confidence, it is accorded by an absolute majority of the deputies. After deliberation by the Council of Ministers the Prime Minister may also decide to challenge the Government on a programme or a statement of general policy (Article 86 of the Constitution). A vote of confidence may only take place two whole days after it has been proposed. Confidence is refused with a public ballot by an absolute majority of the deputies, which leads to the collective resignation of the Government. |
| Motions of censure and votes of no confidence (sub-report) |
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The National Assembly may provoke the Government's resignation by voting a motion of censure (Article 86 of the Constitution). |
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A motion of censure is only admissible if signed by a tenth of the deputies. The vote on a motion of censure may only take place two full days after submission to the office of the Assembly. A motion of censure is voted under public ballot by an absolute majority of the members of the National Assembly. Only votes in favour of the motion are counted. |
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If a motion of censure is adopted, the Prime Minister immediately submits the Government's resignation to the President. A new motion of censure may not be tabled during the same session. Between 1990 and 2000, three motions were tabled by the opposition but none was accepted. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President is not responsible for actions carried out in the exercise of his/her office except in the case of high treason (Article 101 of the Constitution). The Prime Minister and the other members of the Government are judicially responsible for actions carried out in the exercise of their office qualifying as crimes or serious offences when they were committed. This procedure applies also to their accomplices in a case of high treason. |
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The President may not be implicated except by the National Assembly, deciding by a secret ballot voting by a three-fifths majority of its members. The high court is bound by the definitions of crimes and offences as well as by the determination of penalties stemming from the penal laws in force at the time when the acts were committed. The President and the other persons concerned are judged by the High Court of Justice. The latter is composed of members elected by the National Assembly. |
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No indictment took place between 1990 and 2000. In August 2005 the Assembly adopted an indictment of Mr. Idrissa Seck, a former Prime Minister, and of Mr. Salif Ba, a former Minister of National Heritage, Habitat and Construction before the High Court of Justice. |
- 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 is responsible before the President and before the National Assembly. The Government is a collegial and joint institution. The Prime Minister rules over the administration and appoints civil posts fixed by the law (Article 57 of the Constitution). |
| Means and modalities of oversight |
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The Prime Minister and the other members of the Government may be heard at any time by the National Assembly and by its committees (Article 81 of the Constitution). They may be assisted by associates. |
- Committees of inquiry and missions to Government departments
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The National Assembly may designate committees of inquiry within itself. |
- Oral and written questions of parliamentarians
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Deputies may pose written and oral questions to members of the Government who must give a reply. Written questions are submitted to the President of the Assembly who hands them over to President of the Republic. If a government member fails to respond to a written question within 15 days, the written question is transformed into an oral question and inserted into the agenda of a sitting of the Presidents' conference. Time is in principle set aside for questions every Wednesday, and questions may give rise to a debate if the Conference of Presidents so decides. |
- 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
|
Some ministries submit reports when the finance bill is under consideration. |
- Representation of Parliament in governing bodies of the Government administration
|
The parliament is represented within the governing bodies of certain companies that receive state assistance. |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Ombudsman is an independent authority appointed by presidential decree for a period of six years renewable. He/she may not be dismissed from office before this term expires except in the case of duly declared impeachment. |
- Relationship to Parliament
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The Ombudsman may not be followed, searched, arrested, detained or tried for opinions expressed or actions carried out in the exercise of his/her mission. He/she receives complaints about the running of state services, local authorities, public establishments and all other organizations invested with a public services mission. |
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BUDGETARY OVERSIGHT
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| Consultation of Parliament in the preparation of the national budget
|
Yes |
The parliament is consulted during the preparation of the budget by means of a budgetary debate. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
Finance bills determine state revenue and expenses. The creation of and changes to state employment may only be carried out in accordance with the finance bill. The National Assembly votes on finance bills, including the budget, which are submitted to the Assembly at the latest on the day of the opening of the fixed session. |
- Reports on the budget / finance act by Committees
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Not available |
| Fields overseen |
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The parliament exercises oversight over all public funds. |
- Budget of special departments
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Funds allocated to special services are adopted without a debate. |
- Role of Parliament in national development plans
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The elaboration and implementation of economic development plans is the domain of the executive. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The National Assembly has no more than 60 days to vote on finance bills. If following a case of force majeure the President has not been able to introduce the annual finance bill in time due for the Assembly, the session is extended immediately and by rights until the finance bill is introduced. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the finance bill is not definitively adopted by the 60-day deadline, it is implemented by decree, taking into consideration the amendments adopted by the National Assembly and accepted by the President. Taking this procedure into consideration, if the annual finance bill could not be implemented before the beginning of the financial year, the President is authorised to renew the adopted services by decree. |
| Budgetary autonomy of Parliament |
Yes |
The parliament enjoys budgetary autonomy. The President of the parliament is the organizer and administration quaestor. |
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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 Government approves public spending in the parliament when the regulations act is under review. |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The Court of Auditors judges the accounts of the public accountants and likewise the accounts of persons whom it declares accountable de facto, that is to say those who are involved in accounting work per se or accountants per se who have exploited their position. It assists the president, the Government and the parliament in auditing the implementation of the finance bill. It audits the lawful and proper handling of revenue and expenditure described in the public accounts and ensures the sound use of credits, monies and other assets generated by state services, local governments and their public formations. |
- Reports of the public auditor's office
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The Court of Auditors does not draw up a special report for the parliament. It draws up an annual report that it submits officially to the President of the Republic and the President of the National Assembly. However, it carries out all subsequent enquires that may be requested during the preparation or voting of the regulations act. The Court is established as a financial discipline in the chamber and is competent to sanction management failures and request fines from their authors. |
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OVERSIGHT OVER FOREIGN POLICY
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| Foreign Relations Committee (sub-report) |
- Functions of the Committee
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Not available |
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Not available |
- Composition of the Committee
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Not available |
- 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)
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The President negotiates international agreements and ratifies or possibly approves them with the authorization of the National Assembly (Article 95 of the Constitution). Peace treaties, commercial treaties, treaties or agreements relating to international organizations, those funded by the State, those that modify legislative clauses, those that relate to the status of persons, and those that bear transfer, exchange or annexation of territory may only be ratified by virtue of law, and only take effect after ratification or approval. If the Constitutional Council has declared that an international agreement contains a clause that contradicts the Constitution, the authorization to ratify or approve it only takes place after Constitution revision. |
- Other mechanisms for participation in foreign policy by Parliament
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The parliament oversees foreign policy when the bill authorizing the President to ratify international agreements is being prepared, and also during the examination of the budget of the Ministry of Foreign Affairs, African Union and the Senegalese abroad. |
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
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| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
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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
|
As with a state of emergency, a state of siege is decreed by the President (Article 69 of the Constitution). The National Assembly then meets by rights if it is not in session. The President brings the matter before the National Assembly and the decree of state of siege or emergency ceases to be in force after 12 days if the National Assembly has not authorized prorogation. A declaration of war is authorised by the National Assembly. The rights and duties of citizens during a time of war or in the event of an invasion or attack on national territory by foreign forces are subject to basic law. |
- Role of Parliament in sending troops abroad
|
Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
|
The parliament exercises oversight over national defence policy by examining the budget of the Ministry of Defence also during a declaration of war. |
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STATE OF EMERGENCY
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| Circumstances |
Whenever the institutions of the Republic, the independence of the nation, the integrity of its territory or the execution of its international obligations are seriously or immediately threatened, or the regular functioning of the governing authorities or the institutions is disrupted, the President has access to exceptional powers (Article 52 of the Constitution). Having informed the nation in a message he may take any measure, aimed at re-establishing the regular functioning of governing authorities and ensuring the safeguarding of the nation. He may, by virtue of these exceptional powers, he may initiate a constitutional revision. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
The National Assembly convenes as of right. It is seated for ratification within 15 days of the promulgation of measures of a legislative nature enforced by the President. The Assembly may amend or reject them at the time of voting on the ratification bill. These measures become null and void if the bill for ratification is not filed with the office of the National Assembly within the set period. It may not be dissolved during the exercise of exceptional powers. When these are exercised after the dissolution of the National Assembly, the poling date set by the dissolution decree may not be postponed, except in the case of force majeure determined by the Constitutional Council. |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
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| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
Constitutional Council |
The Constitutional Council has five members including a President, a vice-President and three judges (Article 89 of the Constitution). The term of their office is six years. The Council is renewed every two years; either the President or two members other than the President go depending on the expiry dates of their mandates. The members of the Constitutional Council are appointed by the President and their mandate may not be renewed. |
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The Constitutional Council has jurisdiction over the constitutionality of the laws and international commitments, conflicts of jurisdiction between the executive and the legislative, and conflicts of jurisdiction between the State Council and the Court of Cassation, as well as the exceptions of unconstitutionality referred to the Council of State or the Court of Cassation (Article 92 of the Constitution). The decisions of the Constitutional Council are not subject to any form of recourse. They apply to public authorities and to all administrative and jurisdictional authorities.
The Constitutional Court may be seated for the purpose of a law being declared unconstitutional (i) by the President of the Republic, within six full days of receiving the completed transmission of the definitively adopted law, and (ii) by a number of deputies equal to at least a tenth of the members of the National Assembly, within six full days of its definitive adoption (Article 74 of the Constitution). The deadline for the promulgation is suspended until the issue of the second deliberation by the National Assembly or by decision of the Constitutional Council that the law conforms to the Constitution. In any case, when constitutional deadlines expire, promulgation is as of right, and is issued by the President of the National Assembly. |
| Evaluation of laws |
No |
Not applicable |
| Measures |
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Compare data for parliamentary chambers in the Oversight module
