| Parliament name |
The National Legislature |
| Structure of parliament |
Bicameral |
| Chamber name |
Majlis Watani |
| Related chamber (for bicameral parliaments) |
Majlis Welayat / Council of States
|
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
The system of leadership is presidential, wherein the President is elected as symbol of the state, a leader of the executive and a participant in legislation (Article 139, paragraph d of the Constitution). Note that the new constitution of 30 June 1998 was partially suspended on 12 December 1999 by the President. |
| Head of the executive |
President of the Republic |
| Notes |
The President represents Government and the supreme sovereignty of the land (Article 43 of the Constitution). He stands as the supreme commander of the people's armed forces and other regular forces, has the competence to maintain security of the country against dangers, preserve its integrity and mission and supervise the foreign relations thereof. He supervises the process of justice and public morals, cares for constitutional institutions and mobilises the enhancement of public life.
The Council of Ministers has the supreme federal executive authority in the state. Its decisions are adopted by consultation and unanimity, and where not possible by majority, and they prevail over any other executive measures (Article 47, paragraph 2 of the Constitution). The President presides over the Council of Ministers (Article 43 of the Constitution). |
| Method for appointing the executive |
The Republic has a President elected by the people (Article 36 of the Constitution). Members of the Council of Ministers are appointed by the President (Article 47, paragraph 1 of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature |
The term of office of the President is five years, and the President may hold office for a maximum of two terms (Article 41 of the Constitution). The President's term does not coincide with the term of the National Assembly of four years (Article 72 of the Constitution). |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Members of the federal Government can be parliamentarians, but they are not necessarily selected from among parliamentarians. |
| Dissolution of Parliament |
Yes |
|
|
|
There is no such provision in the Constitution, but the Constitutional Court has ruled that the President can dissolve the National Assembly if necessary for the protection of the public interest. |
|
|
The National Assembly has already been dissolved by the President, the reason being a lack of cooperation between the executive and the parliament under circumstances that were considered detrimental and dangerous to the welfare of the country. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
Each minister is responsible for the business of his ministry to the President, the Council of Ministers and the National Assembly (Article 51 of the Constitution). Ministers are also jointly responsible for the performance of the executive to the National Assembly. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
A member of the National Assembly may address any question to a federal minister on any subject relating to his functions and the minister must supply him with the reply (Article 84 of the Constitution). The Assembly or any of its committees may request a federal minister to deliver a statement. The National Assembly may resolve to interrogate any minister on any matter relating to the functions of his ministry (Article 84 of the Constitution). |
- Government reports to Parliament
|
Government accountability to the parliament is brought into play by the quarterly report of Government and votes thereon. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The legislative procedure only allows for a parliamentary control of subordinate and delegated legislation. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
The National Assembly may recommend to the President to remove any federal minister from office (Article 73, paragraph 2 of the Constitution). A vote of no confidence against the entire Government is not possible. |
|
|
The National Assembly may recommend to the President to remove any federal minister from office, after subjecting him to the procedure of interrogation, and resolving by a two-thirds majority of all its members that he has lost the confidence of the Assembly (Article 73, paragraph 2 of the Constitution). To debate a motion of no confidence in the Assembly, a quorum of half of all deputies is required. |
|
|
After the adoption of a vote of no confidence by the National Assembly, it is submitted to the President, who may dismiss the minister. The President is, however, not accountable to the National Assembly for his actions, since he is directly elected by the people. No motions of no confidence were tabled between 1990 and 2000. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
Criminal proceedings may be initiated against the President by a motion to be issued by the National Assembly in writing in the case of treason or any other offence involving honour or honesty (Article 45 of the Constitution). The Assembly may also remove the President from office by a resolution that invokes disabling mental or physical infirmity (Article 42 of the Constitution). |
|
|
The procedure is as follows: (i) no criminal proceedings may be initiated against the President save by a motion issued by the National Assembly in writing; (ii) the proceedings must be initiated before the Constitutional Court; (iii) any decision of criminal conviction must be submitted to the National Assembly to take such action as they may deem appropriate; and (iv) the Assembly may, by the majority of two thirds of all members, remove the President from office in case of conviction. |
|
|
If the office of President falls vacant, his First Vice-President temporarily assumes the functions of the Presidency, pending the election of a new President. Upon vacation of office, elections for the Presidency must be conducted within a period of 60 days of such date. No impeachments were initiated between 1990 and 2000. |
- Have these procedures been applied?
|
|
|
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
Each minister is responsible for the business of his ministry to the President, the Council of Ministers and the National Assembly (Article 51 of the Constitution). Ministers are also jointly responsible for the performance of the executive to the National Assembly. |
| Means and modalities of oversight |
|
|
The National Assembly or any of its committees may summon any public official or any other person to address the Assembly or the committee, receive any testimony or tender consultancy (Article 86 of the Constitution). |
- Committees of inquiry and missions to Government departments
|
The National Assembly exercises oversight over the actions of the administration through committees of inquiry. |
- Oral and written questions of parliamentarians
|
A member of the National Assembly may address any question to a federal minister on any subject relating to his functions and the minister must supply him with the reply (Article 84 of the Constitution). The Assembly or any of its committees may also request a federal minister to deliver a statement. The answer to a question should be given within 30 days. Questions are set aside by the end of the session unless answered. If an answer is not satisfactory, the question will be referred to a committee, and then debated in the National Assembly. |
- Role of Parliament in the appointment of senior Government officials
|
The National Assembly plays a role in appointing members of independent constitutional bodies, such as the Election Commission. |
- Activity reports of the Government administration and of public services or establishments
|
Not applicable |
- Representation of Parliament in governing bodies of the Government administration
|
The National Assembly is represented in some of the governing bodies of public establishments. |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
There is an independent body, known as the Public Grievances and Corrections Board (Article 130 of the Constitution). Its President and members are appointed by the President with the approval of the National Assembly. The board is responsible to the President and the Assembly. |
- Relationship to Parliament
|
Without prejudice to the jurisdiction of the Judiciary, the board works at the federal level to resolve grievances, assure efficiency and purity in the practice of the state, in administrative systems, or the final executive or acts, and also to extend justice after the final decisions of the institutions of justice. The board works in coordination with the various state bodies and submits its recommendations to the President, the National Assembly or any public body. |
|
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 Council of Ministers presents to the National Assembly before the beginning of the financial year the bill of the general state budget, including a general evaluation of the economic and financial situation of the country, detailed estimates of the proposed revenues and expenditure for the coming year compared with the previous year, a statement of the general balance of the budget, any reserve funds, transfers to or allocations from such funds, and explanations of any special budgets or financial statements, policies or measures to be taken by the state in the financial and economic affairs relating to the general budget (Article 91 of the Constitution). Proposals of total expenditure entered into the budget as an appropriation bill are submitted to the Assembly by the Council of Ministers, as well as the proposed taxes, fees and other levies as financial bills, and any proposals for borrowing, investment or saving bonds by the state as financial bills. The Assembly first passes the bill of the general budget, chapter by chapter with the various schedules, and then passes the total appropriation bill. When the law is promulgated, detailed estimates as appropriated in the general budget may not be exceeded, save by a supplementary law. Surplus funds over revenue estimates and funds out of the reserve legally separated may also not be spent except by a supplementary law. |
- Reports on the budget / finance act by Committees
|
The National Assembly exercises budgetary oversight through the reports from the finance committee. |
| Fields overseen |
|
|
The National Assembly exercises oversight over all public funds. |
- Budget of special departments
|
The National Assembly exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
The national plan should be approved by the parliament. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The finance act should be approved by the parliament before the beginning of the new financial year, i.e. by 31 December. |
| Consequences of failure by Parliament to adopt the budget / finance act |
In case of a budgetary deadlock or other adoption delay, Government will continue to apply the same amounts as the past year, until the new budget is approved. |
| Budgetary autonomy of Parliament |
Yes |
The National Assembly has its own independent budget, which is passed as one figure, but which can be broken down internally into three chapters. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The Council of Ministers presents to the National Assembly during the six months following the end of the financial year, final accounts about all revenues and expenditure as are set forth in that year, as well as expenditure withdrawn from the reserve funds (Article 94 of the Constitution). |
| Parliamentary oversight of public companies |
No |
The National Assembly can question relevant ministers and ask for statements, but more generally, the auditor general reports on public companies. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The independent organ for auditing the Government's books is the general auditing chamber (Article 129 of the Constitution). Its President, the auditor general, and all other members of the chamber are appointed by the President with the approval of the National Assembly. The chamber is also responsible to the President and the National Assembly. |
- Reports of the public auditor's office
|
The general auditing chamber audits the accounts of the federal executive bodies, the National Assembly, and the Judiciary, as will as federal public bodies, institutions, corporations and companies. The President may assign to the chamber the auditing of the accounts of the states, or of any other private or public body. The auditor general presents his annual report on the public accounts to the National Assembly. |
|
|
The minister of finance also presents reports on the implementation of the budget four times a year. These reports are referred to the committee for consideration and are then debated in the plenary session. |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The National Assembly exercises oversight over foreign policy through the foreign relations committee. |
|
|
Not available |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The National Assembly exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
|
The National Assembly exercises oversight over foreign policy by organising about two plenary debates on foreign policy issues per session. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Parliamentarians may participate in intergovernmental meetings at the request of the Government, or they can take the initiative to send a delegation. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The National Assembly passes bills ratifying international conventions and agreements (Article 73, paragraph 1, sub-section d of the Constitution). |
- Other mechanisms for participation in foreign policy by Parliament
|
The National Assembly exercises oversight over foreign policy through the debates within the ruling party, and through active participation in the national advisory council on foreign affairs. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
The National Assembly exercises oversight over national defence policy through the defence committee. |
|
|
Not available |
- Composition of the Committee
|
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
|
The President declares war whenever he decides that the country is subject to external aggression, and the declaration is legally in force upon the approval of the National Assembly. The President also declares a state of emergency in accordance with the provisions of the Constitution and the law (Article 43 of the Constitution). |
- Role of Parliament in sending troops abroad
|
Not applicable |
- 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 President may, upon the occurrence or approach of any emergent danger posing a threat to the country, or any part thereof or the safety or economy of the same, whether it is war, invasion, blockade, natural disaster or epidemic, declare a state of emergency in the country, or in any part thereof (Article 131 of the Constitution). The declaration of a state of emergency is submitted to the National Assembly within 15 days of its issue. When the Assembly is not in session, an emergency meeting is called. When the National Assembly approves the declaration of a state of emergency, the effect of any law in force for the state of emergency, or any exceptional order, continues.
The National Assembly may approve the extension of the state of emergency. The President submits to the Assembly every exceptional measure he may take for the state of emergency and the Assembly may pass, amend or revoke any such order. The duration of the measures of the state of emergency expire in the case of (i) a lapse of 30 days from the issue of the declaration if the National Assembly does not approve by a resolution the extension of its term; (ii) a lapse of the term resolved by the National Assembly; and (iii) the issue of a declaration by the President lifting the state of emergency. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
While the declaration of a state of emergency itself does not affect the functioning of the National Assembly, the President may, during a state of emergency, take by virtue of law or exceptional order any of the following measures: (i) suspend part or all the provisions provided for in the constitutional freedoms, sanctities and rights chapter, but there may not therein be infringement of the freedom from slavery or torture, the right of non- discrimination only for race, sex or religious creed, the right and sanctity in litigation or the right of innocence and defence; (ii) dissolve or suspend any state body or suspend such powers, as may be conferred upon the federal states under the Constitution, and the President then assumes the functions of such bodies and exercises the powers or prescribes the manner in which the affairs of the federal state concerned may be managed; and (iii) issue any such measures as he may deem necessary for the state of emergency, such measures having the force of law. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
A specialised body / constitutional Court |
There is an independent Constitutional Court, the custodian of the Constitution (Article 105 of the Constitution). The President of the Republic appoints its President and other members from among persons of high experience in matters of justice, with the approval of the National Assembly. |
|
|
The Constitutional Court has the jurisdiction to consider and adjudge any matter relating to (i) interpreting constitutional and legal provisions submitted by the President, the National Assembly, half the number of governors or half the federal states' Assemblies; (ii) claims by aggrieved individuals for the protection of freedoms, sanctities or rights guaranteed by the Constitution; (iii) claims of conflict of competence between federal and state organs; (iv) any other matters referred thereto by virtue of the Constitution or the law. |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
