Contents:
- Political system
- Accountability of Government to Parliament
- Oversight over the actions of the Government administration
- Budgetary oversight
- Oversight of the implementation of the budget and of Government spending
- Oversight over foreign policy
- Oversight over national defence policy
- State of emergency
- Verification of the constitutionality and the application of laws
| Type of political regime: presidential |
The President of the Republic embodies national unity. He or she is the guarantor of national independence, of territorial integrity and of respect for the Constitution and international treaties and agreements. |
| Head of the executive: President of the Republic |
The President is elected by the people and is the Head of State and head of the Government (Article 41 of the Constitution). The post of prime minister does not exist. |
| Method for appointing the executive |
The president is elected by two-ballot uninominal majority voting (Article 43 of the Constitution). On the day of his or her inauguration, the head of the executive takes an oath before the members of the Constitutional Court, in the presence of the deputies. The President appoints members of the Government with the approval of the National Assembly. |
| Term of office of the executive and coincidence with the term of the legislature 5 years |
The term of the mandate of the President lasts five years and may be renewed once (Article 42 of the Constitution). This does not coincide with that of the parliament of four years. |
| Incompatibility of the functions of member of the executive and member of Parliament: Yes |
Members of the Government who are elected as parliamentarians are free to rejoin the parliament. In making that choice they must leave the Government within 30 days. |
| Dissolution of Parliament: No |
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The parliament cannot be dissolved but may extend its mandate according to direct legislative procedure (amending the Constitution by a qualified 4/5 majority vote of the members of the Assembly) or indirectly (a referendum requested by the Assembly) |
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Not applicable |
| Accountability of Government to Parliament | ^ TOP ^ |
| Accountability of Government to Parliament: No |
The Government is not responsible to the parliament, which nevertheless exercises limited control over the actions of the Government. |
| Modalities of oversight |
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The parliament exercises limited control over the Government by putting oral and written questions to ministers. Questions about current issues as well as oral or written questions generally lead to recommendations. |
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The President addresses the deputies with an annual message on the situation in the country. This message is not followed by a debate. |
| Measures |
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The parliament may exercise limited control over the actions of the Government by the vote of a resolution on a legislative bill. |
| Oversight over the actions of the Government administration | ^ TOP ^ |
| Oversight of actions of the Government administration by Parliament: Yes | |
The President must address the National Assembly annually with a speech on the situation in the country to account for his activities. | |
| Means and modalities of oversight | |
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The parliament exercises control over the government administration by holding hearings before the committees. | |
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The parliament exercises control over the government administration by setting up committees of inquiry. | |
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The parliament exercises limited control over the actions of the Government by questions put to ministers. Parliamentarians can put oral or written questions to the Government, which has 30 days to reply. During sessions of the National Assembly, Thursday afternoon is reserved for these questions. Any question may initiate debate if its initiator specifies as such. Questions about current issues as well as oral or written questions generally lead to recommendations. Resolutions can eventually lead to an interpellation. | |
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Not applicable | |
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The President addresses the deputies with an annual message on the situation in the country. | |
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| Existence of an ombudsman: No | |
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Not applicable | |
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Not applicable | |
| Budgetary oversight | ^ TOP ^ |
| Consultation of Parliament in the preparation of the national budget: No |
Not applicable |
| Modalities of oversight |
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The parliament exercises budgetary control during the examination of the finance act. |
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The parliament exercises budgetary oversight through reports of the finance committee. |
| Fields overseen |
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The parliament exercises oversight over all public funds. |
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The parliament exercises oversight over all public funds. |
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Not applicable |
| Parliament's deadline for the examination and adoption of the budget / finance act |
A parliamentary session is reserved for examining the national budget. This session lasts three months, from October to December. The end of this session marks the deadline for the parliament to approve the budget. |
| Consequences of failure by Parliament to adopt the budget / finance act |
Provisional twelfth voting applies when the budget estimate is not delivered on time. If the budget is delivered on time but the National Assembly has not been able to approve it the President may order its execution. |
| Budgetary autonomy of Parliament: Yes |
The National Assembly budget is implemented by the Assembly itself and inserted into the national budget. The Chairman of the Assembly and the parliamentary administrators periodically call the Government for capital. |
| Oversight of the implementation of the budget and of Government spending | ^ TOP ^ |
| Evaluation of Government spending |
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The parliament exercises oversight over the execution of the budget and all public spending by bylaw. |
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| Parliamentary oversight of public companies: No |
Documents and information that support the control of public enterprise accounts are passed on by the Accounts Chamber to the Chairman of the National Assembly. |
| Modalities of oversight |
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The body nominated by the parliament for supporting public accounts control is the Accounts Chamber |
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Documents and information that support control of the general budget and independent budgets are given by the Accounts Chamber to the Chairman of the National Assembly. |
| Oversight over foreign policy | ^ TOP ^ |
| Modalities of oversight | |
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Not applicable | |
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Not applicable | |
| Involvement of Parliament | |
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Not applicable | |
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The parliament does not oversee the actions of the Government in foreign affairs. | |
| Oversight over national defence policy | ^ TOP ^ |
| Modalities of oversight | |
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Not applicable | |
| Circumstances and involvement | |
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The declaration of war is authorized by the National Assembly. A state of war and a state of emergency are declared at the Council of Ministers following the advice of the National Assembly. A state of war and state of emergency can only be extended beyond 15 days with the authorization of the National Assembly. | |
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Not applicable | |
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The President of the Republic is responsible for national defence policy | |
| State of emergency | ^ TOP ^ |
| Circumstances |
If there is a serious and immediate threat to the institutions of the Republic, the independence of the nation, the integrity of national territory or the carrying out of international obligations, and if the normal functioning of public and constitutional powers is threatened or interrupted, the President, after consultation with the Chairman of the National Assembly and the Chairman of the Constitutional Court, takes exceptional measures at the Council of Ministers that are required by the circumstances and without which the rights of the citizens guaranteed by the Constitution would be suspended (Article 68 of the Constitution). He or she addresses the nation with a message about it and the National Assembly meets in extraordinary session without needing to be convened. |
| Can parliament take the initiative to declare a state of emergency: No |
| Consequences of a state of emergency for Parliament |
When the National Assembly is not called for its opinion, no state of war or state of emergency can be declared without its authorization within 60 days of the introduction of a state of war or emergency. |
| Verification of the constitutionality and the application of laws | ^ TOP ^ |
| Modalities of oversight |
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The Constitutional Court is the highest court of the State in constitutional jurisdiction (article 114 of the Constitution). It makes judgement on the constitutionality of the law and guarantees the fundamental rights of individuals and public liberties. It is the regulating body of the functioning of institutions and the activity of public authorities. |
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The Constitutional Court decides obligatorily on (i) the constitutionality of organic laws and laws in general before their promulgation, (ii) the internal regulations of the National Assembly, of the high authority of the audiovisual and of the communication and of the Economic and Social Council, before their implementation as to their conformity with the Constitution, (iii) the constitutionality of the laws and regulatory acts expected to harm the fundamental human rights and the public liberties and in general, on the violation of human rights, and (iv) the conflicts of appointment between state institutions (Article 117 of the Constitution) |
| Evaluation of laws: No |
Not applicable |
| Measures against legislative inflation |
Not applicable |
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