| Parliament name (generic / translated) |
Parliament / Parlement |
| Structure of parliament |
Bicameral |
| Chamber name |
Sénat |
| Related chamber (for bicameral parliaments) |
Assemblée nationale / National Assembly
|
|
POLITICAL SYSTEM
|
| Type of political regime |
semi-presidential |
| Notes |
The transitional Constitution has been drawn up on the basis of the Global and Inclusive Agreement on Transition (Article 1 of the transitional Constitution). Both the Global and Inclusive Agreement and the Constitution constitute the sole source of power during the transition in the Republic. |
| Head of the executive |
President of the Republic |
| Notes |
The President of the Republic is the Head of State. He or she represents the nation and ensures that the transitional Constitution is respected (Article 68 of the transitional Constitution). He or she is the guarantor of national independence, the integrity of the national territory and national independence. The President convenes and presides over the Council of Ministers at least once every 15 days. The Presidency consists of the President and four Vice-Presidents. The President consults with the Vice-Presidents on all questions relative to government business. The Government comprises the President, the Vice-Presidents, ministers and vice-ministers (Article 89 of the transitional Constitution). |
| Method for appointing the executive |
The transitional President was appointed following the negotiations that took place from 2001 to 2003 between the various political groups and appoints ministers and vice-ministers on the advice of the various components and bodies that comprise the Inter-Congolese Dialogue. |
| Term of office of the executive and coincidence with the term of the legislature |
The President in office at the time of the promulgation of the transitional Constitution remains in office for the duration of the transition (Article 65 of the transitional Constitution). The office of President becomes vacant through resignation, death of the incumbent, any definite impediment, and conviction for high treason, misappropriation of public funds, extortion or corruption. Once the Supreme Court has found the office to be vacant on petition from the Government, the Vice-President belonging to the same political grouping as the former incumbent takes office as interim President. All other members of the Democracy Supporting Institutions are appointed for the duration of the transition (Article 159 of the transitional Constitution). |
| 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 the mandate of a deputy, senator or any other public or private remunerated activity (Article 139 of the transitional Constitution). |
| Dissolution of Parliament |
No |
|
|
|
Not applicable |
|
|
Not applicable |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
Ministers implement the policy laid down and the decisions taken by Government through decrees (Article 91 of the transitional Constitution). They are individually responsible for the management of the state and answer before the National Assembly (Article 95 of the transitional Constitution). |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Oral and written questions to ministers, with or without debate, not followed by a vote, allow the parliament to call Government to account politically. Parliamentarians can also table questions of topical interest as well as interpellations. |
- Government reports to Parliament
|
The President of the Republic liaises with the National Assembly and the Senate through messages read by him or her or read on his or her behalf. Such messages are not subject to deliberation (Article 110 of the transitional Constitution). |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
For the whole duration of the transition, the National Assembly may not topple the Government by rejecting a vote of confidence (Article 95 of the transitional Constitution). |
| Motions of censure and votes of no confidence (sub-report) |
|
|
For the whole duration of the transition, the National Assembly may not topple the Government by adopting a motion of censure (Article 95 of the transitional Constitution). |
|
|
Not applicable |
|
|
Not applicable |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President and Vice-Presidents are criminally liable for acts committed in the performance of their duties only in the case of high treason, misappropriation of public funds, corruption or deliberate violation of the Constitution (Article 141 of the transitional Constitution). There is high treason when the President of the Republic or the Vice-President undermines national independence or territorial integrity, takes to him or herself or attempts to take to himself or herself other constitutional powers, or attempts to prevent the exercise of the authority devolving thereto under the Constitution. Other members of Government are criminally liable for acts committed in the performance of their duties. They are personally liable in the case of high treason, deliberate violation of the Constitution, misappropriation of public funds, extortion or corruption. |
|
|
The President and Vice-Presidents are criminally liable for acts committed in the performance of their duties only in the case of high treason, misappropriation of public funds, corruption or deliberate violation of the Constitution, or for any other criminal offence committed outside the scope of their duties, only if they are indicted by the National Assembly deciding the matter by a three-quarters majority of members. Other members of Government can only be prosecuted if they are indicted before the Supreme Court by the National Assembly deciding the matter by a two thirds majority of members. |
|
|
The Supreme Court is the court of first and last jurisdiction for the President of the Republic, the Vice-Presidents, deputies, senators, ministers and vice-ministers and for the chairmen and members of institutions for democracy (Article 151 of the transitional Constitution). |
- Have these procedures been applied?
|
|
Not available |
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
Ministers are responsible for the ministries that are entrusted to them. They execute, through ministerial orders, the programme fixed and the decisions taken by the Government (Article 91 of the transitional Constitution). The means of information and oversight for the National Assembly or the Senate extend to Government, state-owned firms, public corporations and public services (Article 112 of the transitional Constitution). |
| Means and modalities of oversight |
|
|
Parliamentary oversight over Government is brought into play through hearings held in committees. |
- Committees of inquiry and missions to Government departments
|
The National Assembly and the Senate may establish their own investigating committees (Article 117 of the transitional Constitution), and missions of inquiry to government departments. |
- Oral and written questions of parliamentarians
|
Parliamentary oversight over Government is brought into play through questions put to ministers and senior civil servants. In the case of a written question the Government is required to answer within 15 days from receipt of that question. If a reply has not reached the Speaker's office by that time, the question then becomes an interpellation. Members of Government reply orally to questions put in plenary sessions on the dates set by the Speaker's office but no later than 15 days after a question has been tabled. A question may give rise to a debate at the request of the questioner. |
- 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 |
No |
|
- Method for appointing the executive
|
Not applicable |
- Relationship to Parliament
|
Not applicable |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
The finance bill of the year, which includes the budget, is filed by the Government with the National Assembly Committee (Article 123 of the transitional Constitution). |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The National Assembly enacts the finance bill (Article 123 of the transitional Constitution). Amendments to the finance bill are not admissible when their adoption would lead to either a decrease of the receipts or an increase in expenditure unless they are matched by compensatory proposals. |
- Reports on the budget / finance act by Committees
|
The parliament exercises budgetary oversight through reports from the finance committee. |
| Fields overseen |
|
|
Not available |
- Budget of special departments
|
Not available |
- Role of Parliament in national development plans
|
The parliament can enact bills dealing with economic development. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The finance bill for the year, which particularly includes the budget, is filed by the Government at the latest by the first Monday in October of every year (Article 123 of the transitional Constitution). It must be adopted before the start of the new budget year. The budget year starts on 1 January and ends on 31 December. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the finance bill, duly filed within the constitutional period of time, is not passed before the beginning of the new budget year, it is put into force by the President on proposal from the Government deliberated by the Council of Ministers taking into account the amendments adopted by the National Assembly. If the finance bill has not been filed in due time to be promulgated before the beginning of the budget year, the Government asks the National Assembly for the opening of temporary credits. If the National Assembly has not ruled within 15 days regarding the opening of temporary credits, the provisions of the bill envisaging such credits are put into force by the President on proposal from the Government deliberated by the Council of Ministers. If, taking into account the procedure envisaged above, the finance act for the year could not come into force on the first day of February of the budget year, the President, on proposal from the Government deliberated by the Council of Ministers, implements the finance bill taking into account the amendments adopted by the National Assembly. |
| Budgetary autonomy of Parliament |
No data |
Not available |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The public accounts of the Republic are submitted annually to the National Assembly by the government audit office, together with their comments (Article 163 of the transitional Constitution). The public accounts of the Republic are established in accordance with the law and therefore by a vote of the National Assembly. |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The audit office oversees the financial management and accounts of all public corporations and bodies (Article 165 of the transitional Constitution). The government audit office reports to the National Assembly. Members of the Audit Office are appointed, relieved of their duties and, if necessary, dismissed by the President on the advice of the National Assembly. |
- Reports of the public auditor's office
|
The public accounts of the Republic are submitted annually to the National Assembly by the government audit office, together with their comments (Article 163 of the transitional Constitution). |
|
|
Not applicable |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Not available |
|
|
Not available |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
|
The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy matters. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
The parliament may take the initiative to send a delegation to intergovernmental meetings. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President ratifies or approves international treaties and agreements. The Government concludes international agreements not subject to ratification, once a decision has been taken by the Cabinet. The National Assembly is advised of such agreements. Peace treaties, trade agreements, treaties and accords relating to international organisations and the settlement of international disputes, those which involve public finance, those which amend legislative provisions, those which relate to the status of individuals, or those which entail the exchange and addition of territory, can only be ratified or approved according to the law.
If the Supreme Court, having been consulted by the Government, the National Assembly or the Senate, declares that an international treaty or agreement includes a clause which is contrary to the Constitution, ratification or approval may only occur once the Constitution has been revised. The Democratic Republic of Congo may conclude joint treaties or partnership agreements that entail a partial relinquishment of sovereignty in order to achieve the goals of the African Union. |
- Other mechanisms for participation in foreign policy by Parliament
|
There are no other parliamentary oversight mechanisms in addition to the above. |
|
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
|
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 proclaims war following a decision of the Council of Ministers, in keeping with the recommendation of the High Council for Defence and authorisation of the National Assembly and the Senate (Article 73 of the transitional Constitution). |
- Role of Parliament in sending troops abroad
|
The parliament exercises oversight over defence policy when troops are dispatched to other countries. |
- 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 declares war on the authorisation of the Council of Ministers, after favourable recommendation of the High Council for Defence and authorisation of the National Assembly and the Senate (Article 134 of the transitional Constitution). He informs the nation through a message. The rights and duties of citizens, during a war or in the case of an invasion of or attack against the national territory by outside forces are the object of an organic law. A state of siege, or a state of emergency, is decreed by the President on decision of the Council of Ministers after favourable recommendation from the High Council for Defence as well as the National Assembly and the Senate.
The National Assembly and the Senate then meet as of right. If they are not in session, they are convened in a special session to that effect. The state of emergency or the state of siege may be proclaimed over the whole or part of the territory of the Republic for a period of 30 days. The decree proclaiming the state of emergency or the state of siege ceases by right to produce its effects after the expiry of this period unless after the matter is referred to the National Assembly by the President on request from the Council of Ministers, the National Assembly authorised the prorogation for successive periods of 15 days. The National Assembly may, through an act, put an end, anytime, to the state of emergency or the state of siege.
In the case of a state of emergency or state of siege, the Government takes, during a meeting of the Council of Ministers, necessary emergency measures to deal with the situation. The emergency measures, once signed, are submitted to the Supreme Court, which forthwith rules to declare if they infringe the Constitution or not. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
There is nothing on this subject in the transitional Constitution. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
Supreme Court / Tribunal |
|
|
|
The Supreme Court takes cognisance, through legal action and through exceptional measures, of the constitutionality of the law and acts which have the force of law, as well as appeals for an interpretation of the transitional Constitution (Article 150 of the transitional Constitution). Moreover, the Supreme Court takes cognisance of appeals against judgements and sentences handed down by civil and military courts and tribunals of last resort, as well as proceedings to set aside acts and decisions of the central government of the Republic. Should a matter be referred on appeal, the civil and military courts and tribunals are required to comply with the ruling of the Supreme Court on the point of law that was heard. The Supreme Court hands down findings on those draft or private bills or statutory laws referred to it. |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
