IPU PARLINE database: NIGER (Assemblée nationale), Oversight

Parliament name (generic / translated)

Assemblée nationale / National Assembly

Structure of parliament

Unicameral

Type of political regime

semi-presidential

Notes

The President of the Republic is the Head of State (Article 35 of the Constitution). He or she is the guardian of the Constitution, embodies national unity and is the guarantor of national independence, national unity, and national territorial integrity and ensures that the Constitution and treaties and international agreements are respected. He or she ensures the regular operation of all public authorities and the continuity of the state.

Head of the executive

President of the Republic

Notes

The President convenes and chairs the Council of Ministers. The Prime Minister is the Head of Government and directs and coordinates government activities (Article 59 of the Constitution). He or she ensures that laws are implemented.

Method for appointing the executive

The President is directly elected by universal suffrage in a secret, equal ballot (Article 36 of the Constitution). He or she appoints the Prime Minister from a list of three individuals proposed by the majority (Article 45 of the Constitution). The majority comprises either a party or a coalition of parties forming the majority in the National Assembly. The President appoints and dismisses the other members of Government on the advice of the Prime Minister. The President dismisses the Prime Minister when the latter presents the Government's resignation.

Term of office of the executive and coincidence with the term of the legislature

The President is elected for five years and may be re-elected for one further term only. His or her term of office coincides with that of the legislature, which is also 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 64 of the Constitution).

Dissolution of Parliament

Yes

Circumstances

The President may, after consultation with the Prime Minister and the President of the National Assembly, declare the dissolution of the National Assembly (Article 48 of the Constitution).

Modalities

General elections follow between 45 and 90 days after the dissolution.

Accountability of Government to Parliament

Yes

The Government sets out and conducts national policy (Article 61 of the Constitution). It is collectively responsible before the National Assembly. Presidential acts are countersigned by the Prime Minister and relevant ministers where applicable.

Modalities of oversight

Oral and written questions of parliamentarians

Parliamentarians may, either individually or collectively, interpellate the Prime Minister or any member of Government by means of a request (Article 80 of the Constitution). They may also obtain any information on government activities through written or oral questions.

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 before the National Assembly (Article 88 of the Constitution). The Prime Minister may, after deliberation with the Council of Ministers, also engage the liability of the Cabinet before the National Assembly regarding a 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 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.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The National Assembly shall call the Government's actions into question by a vote of no confidence (Article 88 of the Constitution).

Modalites

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 simple majority of the members of the National Assembly to be adopted.

Consequences

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, six motions of no confidence were tabled in the parliament. Two were adopted.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President is only answerable for acts of high treason carried out in the performance of his or her duty (Article 118 of the Constitution). He or she is judged by the High Court of Justice, which is also competent to judge members of Government for crimes or offences committed as a result of performing their duties or while performing their duties. The President may also be impeded or prevented absolutely from performing his or her duties (Article 42 of the Constitution).

Modalites and procedure

The High Court of Justice is composed of deputies elected by the National Assembly from among its members at each general renewal [of the National Assembly] (Article 117 of the Constitution). High treason is committed when the President violates the oath of office, is found to be the author or co-author of, or accomplice to, serious human rights violations, fraudulent cession of part of the national territory, or the introduction of toxic waste onto national territory. An indictment of the President shall be publicly debated and requires the votes of two thirds of the deputies. Any indictment of government members is adopted by a simple majority. The High Court of Justice is bound by the definition of the crimes, offences and penalties laid down in the penal legislation in force at the time an indictment is brought.

Physical or mental incapacity on the part of the President resulting in him or her being unable to perform official duties are considered grounds for absolute impediment. Further grounds for absolute impediment are also deemed to exist when the President refuses to accept a decision by the Constitutional Court finding that the President has violated provisions of the Constitution. The Constitutional Court shall find grounds for absolute impediment on petition from the National Assembly of two thirds of its members. In the case of the President being indicted before the High Court of Justice, the President of the Constitutional Court takes over his or her duties temporarily.

Consequences

If the Presidency becomes vacant through resignation or absolute impediment, the official duties of the President are provisionally carried out by the President of the National Assembly, or where the latter is prevented from doing so, by the Deputy Presidents of the Assembly in order of seniority. When the President is found guilty of high treason, he or she is removed from office on a ruling from the Constitutional Court on completion of the trial before the High Court of Justice. If the President is found to be prevented absolutely from performing his or her duties, new elections are held between 45 and 90 days from the office becoming vacant.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The President is the Head of the administration and ensures its neutrality (Article 51 of the Constitution). The Government conducts policy and directs the civil administration and the armed forces. It is collectively responsible before the National Assembly.

Means and modalities of oversight

Hearings in Committees

Committees may hear any individual they wish to consult, notably authors of draft bills or resolutions under discussion or socio-professional organisations. Furthermore, general standing committees may hear any member of Government or any senior civil servant assisting that member.

Committees of inquiry and missions to Government departments

The National Assembly may set up special committees of inquiry or oversight on any given subject.

Oral and written questions of parliamentarians

Deputies may obtain information on government activities through oral or written questions. Written questions must be brief and may not contain personal accusations. On their being submitted to the bureau of the National Assembly they are entered in special lists and immediately transmitted to the Government. Written questions are published in the official journal. In the month following their publication the relevant ministerial reply must also be published. If a written question has not received a reply within a month the author of the question may transform it into an oral question during the session in progress or in the following session. Ministers may request an extension of the deadline, not exceeding 15 days, in order to assemble the necessary items for a reply.

Any deputy wishing to table oral questions must submit them to the President of the National Assembly who then communicates them to their addresses. Oral questions are also entered on special lists. The Presidents' conference may decide to group together questions requiring the same reply. In such cases the deputy who is the author of the first of these questions is the one to read it out from the lectern. Only the questioner and the minister replying have the right to speak. After the minister's reply the author of the question may ask for clarifications or make comments in the light of the minister's reply. In so doing he or she may not introduce new facts to the initial question. During parliamentary sessions oral questions are scheduled for Saturdays by the Presidents' conference. If a minister is absent twice in succession and, on being called, is absent for a third time from the chamber, the author of the question may transform it into an interpellation against the Government with the agreement of the chamber.

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

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 finance bill shall provide for and authorise all resources and charges of the state for each civil year (Article 83 of the Constitution). The finance minister solemnly presents the draft bill to the plenary session. Only those provisions dealing directly with the receipts and expenditure of the period in question or those provisions aimed at providing oversight over public expenditure may be introduced during debates on the budget or debates on temporary or additional credits. Draft resolutions and associated interpellations or additional articles aimed at reducing receipts or increasing expenditure may not be tabled unless they are accompanied by proposals for savings or equivalent increases in receipts.

The examination of the draft finance bill proceeds as follows; (i) statement by the finance committee chair; (ii) presentation of the general report of the finance committee by the rapporteur; (iii) statements by members of the Government; (iv) general debate. The draft bill is adopted article by article. However, (i) receipts for the general budget are voted chapter by chapter; (ii) spending items in the general budget are voted subject by subject and within each subject by ministry; (iii) receipts and expenditure for the investment budget are voted by chapter, (iv) receipts and expenditure for supplementary budgets are voted by supplement, and; (v) those for special treasury accounts are adopted by a vote on each special account. The finance bill is adopted by an overall vote following explanation of the separate votes.

Reports on the budget / finance act by Committees

The draft finance bill is put before the National Assembly at the start of the budget session (Article 96 of the Constitution). It is immediately sent to the finance committee for detailed examination. Other committees are involved regarding those draft budgets for the institutions and ministries falling under their respective areas of competence. Reports from these committees are presented to the finance committee by their respective chairs and rapporteurs. Plenary discussion on draft bills focuses on the draft text presented by the relevant committee. At the request of the Government, a committee may bring to the attention of the National Assembly those points on which the committee disagrees with the Government.

Fields overseen

Defence budget

Not applicable

Budget of special departments

Not applicable

Role of Parliament in national development plans

Not applicable

Parliament's deadline for the examination and adoption of the budget / finance act

Each year the National Assembly meets in two ordinary sessions as of right convened by its President. The second session, referred to as the budget session, opens in the first week of October and may not exceed 60 days.

Consequences of failure by Parliament to adopt the budget / finance act

If the National Assembly has not adopted the draft finance bill within 60 days of its being tabled, the provisions contained in the draft may be implemented by ordinance. The Government may require ratification within 15 days from the National Assembly convened in extraordinary session. If the National Assembly has still not adopted the budget by the end of this extraordinary session, it is implemented definitively by ordinance. If the draft finance bill could not be tabled in time to be promulgated prior to the budget year, the Prime Minister requests from the National Assembly, as a matter of urgency, authorisation to continue to levy taxes and make expenditures in line with the budget for the previous year by provisional twelfths.

Budgetary autonomy of Parliament

Yes

The parliament has theoretical budgetary autonomy, but not in practice.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Finance settlement bills set out the financial results for each civil year and approve any differences arising out of results and estimates contained in the finance bill for the year in question. The National Assembly closes the nation's accounts. The draft finance settlement bill must be tabled at the budget session for the year following the one in which the budget was implemented to be debated in the next parliamentary session and adopted at the latest by 31 December of the second year following the one for which the budget was implemented.

Parliamentary oversight of public companies

No

The National Assembly may request the chamber of accounts and budgetary oversight of the Supreme Court to conduct any inquiry into the implementation of public receipts and expenditures.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The National Assembly may request the chamber of accounts and budgetary oversight of the Supreme Court to conduct any inquiry into the implementation of public receipts and expenditures.

Reports of the public auditor's office

Reports drawn up by the committee are submitted to the parliament where they are normally scheduled for the next session. Reports are printed and distributed to the Government unless the National Assembly, meeting in closed session, decides otherwise.

Specialised committee

The National Assembly may request the chamber of accounts and budgetary oversight of the Supreme Court to conduct any inquiry into the implementation of public receipts and expenditures.

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the foreign affairs committee.

Powers of the Committee

The committee exercises oversight over: (i) international relations; (ii) elements of foreign policy; (iii) policies relating to cooperation; (iv) regional integration policies, and; (v) international treaties and agreements; (vi) border questions, and; (vii) Niger citizens abroad.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

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)

The President negotiates and ratifies treaties and international agreements (Article 129 of the Constitution). Peace and defence treaties, treaties and agreements relative to international organisations, those modifying internal state legislation and those engaging state financial responsibilities can only be ratified following the adoption of a law by the parliament. If the Constitutional Court, on petition from the President, the President of the National Assembly or one tenth of the deputies, rules that an international agreement contains a clause that is contrary to the Constitution, authorisation to ratify can only be granted after the Constitution has been revised. 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

There are no means of oversight available to the parliament other than the above.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over national defence policy through the committee on defence and security.

Powers of the Committee

The committee exercises oversight over: (i) general defence and security organisation; (ii) defence cooperation policy; (iii) states of emergency and states of siege; (iv) the status of military personnel, public security forces and associated units; (v) programme laws and military planning; (vi) national civil service; (vii) national military service, and; (viii) military justice.

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 National Assembly authorises the declaration of war (Article 85 of the Constitution). A state of siege is decreed by the Council of Ministers after consultations with the bureau of the National Assembly. The National Assembly then meets as of right, if not already in session. Only the National Assembly can authorise the extension of a state of siege beyond a period of 15 days.

Role of Parliament in sending troops abroad

The National Assembly authorises the dispatch of troops to other countries (Article 85 of the Constitution).

Other mechanisms for participation in national defence policy by Parliament

There are no means of oversight available to the parliament other than the above.

Circumstances

When national institutions and independence, national territorial integrity or the implementation of international commitments are under serious and immediate threat and the regular function of 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 President of the National Assembly, the President of the Constitutional Court and the President of the Supreme Court (Article 53 of the Constitution). He or she informs the nation through an announcement. The President proclaims a state of emergency after consultation with the Council of Ministers.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

If not already in session, the National Assembly shall convene as of right. It may not be dissolved during the exercise of emergency powers. The emergency powers must seek to provide the constitutional public powers with the means to accomplish their mission as soon as possible. The National Assembly sets the duration for the exercise of emergency powers by a simple majority vote of its members and repeals a state of emergency if emergency powers are abused.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court is competent to rule on all constitutional and electoral matters (Article 103 of the Constitution). It rules on the constitutionality of laws, ordinances and the conformity of treaties and international agreements with the Constitution. It interprets the provisions of the Constitution. The court comprises: (i) two individuals with great professional experience, one being nominated by the bureau of the National Assembly and one by the President; (ii) two magistrates elected by their peers; (iii) one advocate elected by his or her peers; (iv) one teacher from the faculty of law holding at least a doctorate in public law elected by his or her peers, and, (v) one representative from human rights defence associations recognised for his or her competence in public law. Members are appointed for six years by presidential decree. Their term of office is not renewable.

Means and procedures

The Constitutional Court rules on: (i) the constitutionality of laws prior to their promulgation; (ii) internal regulations of the National Assembly prior to their taking effect, and; (iii) conflicts of competence between state institutions (Article 109 of the Constitution). Laws can be referred to the court prior to promulgation by the President, the President of the National Assembly or one tenth of the deputies. The court has 15 days in which to hand down a ruling. In urgent cases the Government can request that this period be reduced to five days. Legislation referred to the Constitutional Court may not be promulgated until the court has reached a decision.

Any person involved in proceedings before any court may lodge an appeal against the constitutionality of a law. The court involved must refrain from proceeding until the Constitutional Court has made its ruling, which it must do within 30 days. Any provision found unconstitutional is automatically null and void by law. Following the emergency appeal procedure the Constitutional Court's ruling on the unconstitutionality of a provision is published in the official journal. There is no appeal against the court's decisions. They are binding on all public bodies and all administrative, civil, military and legal authorities.

The Constitutional Court issued views on the interpretation of the Constitution when requested to do so by the President, the President of the National Assembly or one fifth of the deputies. In no case can any such view take the form of a decree.

Evaluation of laws

No

Not applicable

Measures

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