| Parliament name (generic / translated) |
Majlis / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Majlis Annowab |
| Related chamber (for bicameral parliaments) |
Majlis Alshoora / Consultative Council
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POLITICAL SYSTEM
|
| Type of political regime |
semi-presidential |
| Notes |
The President is the Head of State and is assisted by a Vice-President appointed by him or her (Article 105 of the Constitution). The President embodies the will of the people and protects national unity and the principles and objectives of the revolution. He or she adheres to the principle of a peaceful transition of power and supervises the sovereign tasks concerning the defence of the Republic and foreign policy. The President is the supreme commander of the armed forces. |
| Head of the executive |
Prime Minister |
| Notes |
Executive authority is exercised by the President and the Council of Ministers (Article 104 of the Constitution). The Council of Ministers is the Government of the Republic and the highest executive and administrative authority of the State (Article 127 of the Constitution). Government is composed of the Prime Minister, his or her deputies and other ministers. |
| Method for appointing the executive |
The elections of the President are held by the people in a competitive manner (Article 107 of the Constitution). The President names the person who enjoys the majority in the House of Representatives to form a Government (Article 118, paragraph 4 of the Constitution). In consultation with the President, the Prime Minister then chooses the members of his or her cabinet, and seeks the confidence of the House of Representatives. |
| Term of office of the executive and coincidence with the term of the legislature |
The term of the House of Representatives is six calendar years starting from the date of its first session (Article 64 of the Constitution). If in extraordinary circumstances, elections cannot be held, the existing House continues to function until such circumstances are overcome and elections can be held. The term of the President is seven calendar years from the date of taking the constitutional oath (Article 111 of the Constitution). No person may assume the post of President for more than two terms. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Membership of the Council of Ministers may concur with membership of the House of Representatives (Article 79 of the Constitution). |
| Dissolution of Parliament |
Yes |
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The President may not dissolve the House of Representatives except in urgent circumstances or in order to establish a parliamentary majority, and only after a nation-wide referendum has confirmed the reasons for the dissolution (Article 100 of the Constitution). The President issues a decree that suspends the sessions of the House and calls for the referendum within 30 days. If an absolute majority of the voters are in favour of the dissolution, the President issues a decree of dissolution. The decree simultaneously calls voters to elect a new House of Representatives within a date that does not exceed 60 days from the date of the announcement of the results of the referendum. |
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If the dissolution decree does not include the above-mentioned call, or elections did not take-place, the dissolution is considered null and void. The House also continues to meet if a referendum does not take place within 30 days or does not gain the required majority. If elections are held, the new House must hold its first session within 10 days. Once the House of Representatives is dissolved, the new House may not be dissolved again for the same reason. In all cases, it may not be dissolved in its first session. Between 1990 and 2001, the parliament has not been dissolved. |
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ACCOUNTABILITY
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| Accountability of Government to Parliament |
Yes |
The Council of Ministers is both collectively and individually responsible for the actions of Government before the President and the House of Representatives (Article 131 of the Constitution). The House sanctions state policy and directs and monitors more generally the activities of the executive (Article 61 of the Constitution). |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Every member of the House of Representatives may pose questions to the Prime Minister, any of his or her deputies, ministers or deputy ministers on any matter falling within their responsibilities and these are obliged to provide answers accordingly (Article 95 of the Constitution). Any question may not be converted into an interpellation during the same sitting. |
- Government reports to Parliament
|
Ministries and official departments regularly submit their reports to the parliament and its committees. They may also be asked to do so by the parliament. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Within a maximum of 25 days of the formation of a new Government, the Prime Minister presents his or her programme to the House of Representatives in order to win a vote of confidence by the majority of all its members (Article 85 of the Constitution). If the House is in recess, it is recalled for an extraordinary session. Members and the House as a whole have the right to comment on the programme. The failure of Government to win the required majority is to be considered a withholding of confidence. |
| Motions of censure and votes of no confidence (sub-report) |
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Every member of the House has the right to direct an interpellation against the Prime Minister, his or her deputies or other ministers, to hold them accountable for matters under their charge (Article 96 of the Constitution). |
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Responses to and discussions of such interpellations take place after at least one week, except if the House deems them urgent, and Government agrees thereto. The request for interpellation must by signed by a third of the members of the House. The House cannot vote on the issue of no confidence in Government without seven days' notification of such a vote. A majority of all deputies is necessary to pass a vote of no confidence. |
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The House may withdraw confidence from Government or from an individual minister. If the Council of Ministers resigns or confidence is withdrawn, it remains as a caretaker Government responsible for day-to-day administration until a new Government is formed. Such a Government may not appoint or dismiss officials. Between 1990 and 2000, no interpellations were tabled in the House. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President may be charged with high treason, violation of the Constitution, or any other action that prejudices the independence and sovereignty of the country (Article 126 of the Constitution). The President and the House of Representatives have the right to place the Prime Minister, or his deputies or ministers under investigation and trial for any crimes committed by them in discharging their duties or as a consequence thereof (Article 137 of the Constitution). |
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A charge against the President requires the petitioning of half of all the deputies of the House of Representatives. The indictment decision on this matter requires the support of two thirds of the House and the law so voted stipulates the procedures of the trial. If the charge is directed at the President and his or her deputy, then the Presidency Board of the House of Representatives temporarily assumes the President's duties until the court has given its verdict. The House passes the above-mentioned law in the first regular round of its sessions. A decision of the House to take measures against members of Government must be based on a proposal presented by at least a fifth of its members. The accusation may not be issued without the support of two thirds of the House. Those accused are suspended from work until judgment is passed. |
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If the court's verdict finds the President guilty, then he or she is relieved from office by the Constitution, and is then subject to the normal penalties of the law. If the Council of Ministers is dismissed, it remains as a caretaker Government responsible for day-to-day administration until a new Government is formed. Such Government may not appoint or dismiss officials. Their dismissal may not stop the charge against them or the course of the charge. |
- 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 |
All state administrative organisations, agencies, corporations, without exception, are under the directives of the Council of Ministers. The Council of Ministers is both collectively and individually responsible for the actions of Government before the President and the House of Representatives (Article 131 of the Constitution). The House monitors the activities of the executive (Article 61 of the Constitution). |
| Means and modalities of oversight |
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The House exercises oversight over the actions of the administration by holding hearings in committees. |
- Committees of inquiry and missions to Government departments
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Upon a request signed by at least 10 of its members, the House of Representatives may create a special committee or instruct one of its committees to investigate any issue which is contrary to public interest or to investigate the actions of any ministry, government agency, board, public corporation, or local councils (Article 94 of the Constitution). To carry out such investigations, the committee may gather proof and hold hearings by seeking testimony from any party or person it deems necessary. All executive and special authorities must comply by laying all information or documentation they possess at the disposal of the committee. |
- Oral and written questions of parliamentarians
|
Every deputy may pose oral and written questions to the Prime Minister, any of his or her deputies, ministers or deputy ministers on any matter falling within their responsibilities and these are obliged to provide answers accordingly (Article 95 of the Constitution). Any question may not be converted into an interpellation during the same sitting. The deadline for replies to questions is seven days. The time set aside for questions in plenary sittings depends on the number of questions and their importance. Questions can give 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
|
Ministries and official departments regularly submit their reports to the parliament and its committees. They may also be asked to do so by the parliament. |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
No |
|
- Method for appointing the executive
|
Not applicable |
- Relationship to Parliament
|
Not applicable |
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BUDGETARY OVERSIGHT
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| Consultation of Parliament in the preparation of the national budget
|
No |
The Council of Ministers is responsible for preparing drafts of the national economic plan and the annual budget, as well as for organising and implementing them (Article 135, paragraph b of the Constitution). |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
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The House of Representatives approves Government budgets (Article 61 of the Constitution). Separate votes take place on each part of the budget, before the whole budget is enacted by a law (Article 87 of the Constitution). The House may not change the proposed budget without the approval of Government. The transfer of any amount from one section of the general budget to another must be approved by the House. Every expenditure not provided for in the budget or any additional revenue may only be authorised by law. |
- Reports on the budget / finance act by Committees
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The draft budget is received by a special finance committee, which discusses it and prepares a report for discussion. |
| Fields overseen |
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Not applicable |
- Budget of special departments
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Not applicable |
- Role of Parliament in national development plans
|
The House of Representatives approves comprehensive social and economic development plans (Article 86 of the Constitution). A law is enacted to stipulate the process of the preparation of such plans, their submission to the House and the approval thereof. The parliament exercises its oversight role in this field through its permanent committees. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The proposed general budget must be submitted to the House of Representatives at least two months before the beginning of the fiscal year (Article 87 of the Constitution). The House's deadline for the adoption of the finance act is one month. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the budget law is not enacted before the beginning of the fiscal year, it is returned to Government and the previous year's budget is followed until the new budget is approved. |
| Budgetary autonomy of Parliament |
Yes |
The budget of the parliament is prepared by the House secretariat, discussed in the finance committee, and adopted by Parliament. |
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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 Council of Ministers is responsible to prepare the Government's final statement of accounts (Article 135, paragraph b of the Constitution). The final accounts must be submitted to the House within a period that does not exceed nine months from the end of the fiscal year (Article 90 of the Constitution). Voting on the bill is on a section by section basis and must be approved by the enactment of a law. |
| Parliamentary oversight of public companies |
Yes |
The parliament exercises oversight over public companies through its permanent committees, specifically the trade and industry committee. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
There is a body for auditing the Government's books, but this body is not appointed by the parliament. |
- Reports of the public auditor's office
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The annual report of the organisation concerned with the auditing and control of Government accounts is submitted to the House, together with its comments. The House of Representatives has the right to ask the organisation to submit any supplementary documents or reports. |
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Not applicable |
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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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The parliament exercises oversight over foreign policy through the foreign relations committee. |
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The committee is responsible for foreign affairs policies and the conduct of embassies in other countries. |
- Composition of the Committee
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Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
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The parliament exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences. |
- Plenary debates on foreign policy issues
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Not applicable |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
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The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
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The Cabinet approves treaties and conventions before presenting them to the House of Representatives or the President according to the responsibilities of each (Article 135, paragraph d of the Constitution). The President ratifies agreements that do not require the approval of the House of Representatives, if they are approved by the Cabinet (Article 118, paragraph 13 of the Constitution). The House of Representatives ratifies international political and economic treaties and conventions of a general nature, of whatsoever form or level, and in particular those connected with defence, alliances, truces, peace or border alterations, and those, which involve financial commitments on the state or for which their execution needs the enactment of a law (Article 91 of the Constitution). |
- Other mechanisms for participation in foreign policy by Parliament
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In addition to the above, parliamentarians participate in the conduct of foreign policy through their parties or through declarations. |
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
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| National Defence Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over national defence policy through the national defence committee. |
|
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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
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The President proclaims states of emergency and general mobilisation according to the law (Article 118, paragraph 17 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. |
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STATE OF EMERGENCY
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| Circumstances |
The President declares a state of emergency by a republican decree according to the law (Article 121 of the Constitution). The House of Representatives is called to session within one week, is presented with the declaration of emergency and has to approve it. If the House is dissolved, then the old House is called into session by the Constitution. If the House is not called into session, or if the declaration of the state of emergency has not been presented to it, then the state of emergency ceases to exist according to the Constitution. In all cases, a state of emergency is only declared in circumstances of war, internal discord, or natural disasters. A state of emergency may only be for a limited time, and may not be extended, except with the approval of the House of Representatives. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
Parliamentary sessions are considered to be held for the whole term, except for the two months of holidays per year. |
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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
|
Supreme Court / Tribunal |
The Supreme Court is the highest judicial authority (Article 151 of the Constitution). It is given a number of duties: it serves as a court of appeals (on points of law, as a court of cassation), an administrative court, a constitutional court, a court for trying high officials, and a court for adjudicating election disputes and conflicts of jurisdiction between other courts. It does so generally by forming specialised chambers for these areas. |
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The law specifies how the Supreme Court is formed, clarifies its functions and the procedures to be followed before it. The Supreme Court undertakes to (i) judge cases and pleas that laws, regulations, bylaws and decisions are not constitutional; (ii) judge disputes over conflicts of jurisdiction; (iii) investigate and give opinions regarding appeals referred by the House of Representatives which relate to its membership; and (iv) rule on appeals of final judgments in civilian, commercial, criminal, personal and administrative disputes and disciplinary cases according to the law. The parliament, through the constitutional and legal affairs committee, may oversee the constitutionality of laws and other regulations, report on them, submit them for discussion, and ultimately submit them to the Supreme Court for a control of the constitutionality of such items. |
| Evaluation of laws |
Yes |
The bodies responsible for evaluating laws are the constitutional and legal affairs committee, the technical and legal office, as well as other specialised committees. |
| Measures |
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Compare data for parliamentary chambers in the Oversight module
