The President of the Republic is the Head of State (Article 29 of the Constitution). He or she is the guardian of the Constitution, embodies national unity and is the guarantor of national independence, the integrity of the national territory and ensures that treaties and international agreements are respected.

The President oversees the regular operation of all public authorities, ensures the continuity of the state and chairs the Council of Ministers. The Government determines and conducts national policy. The Prime Minister is the Head of Government. He or she directs and co-ordinates government activities and ensures that laws are implemented.

The President is directly elected by universal suffrage by an absolute majority in two ballots (Article 30 of the Constitution). He or she may be re-elected once only. The President appoints the Prime Minister and dismisses him or her when the latter presents the resignation of his or her Government (Article 38 of the Constitution). The President appoints and dismisses other members of Government on the advice of the Prime Minister.

The President is elected for five years. The Prime Minister is appointed from within the majority party in the parliament, which is elected for five years.

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 58 of the Constitution).

• 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 42 of the Constitution).

• Modalities

General elections follow between 21 and 40 days after the dissolution. The National Assembly cannot be dissolved in the year that follows these elections. Between 1990 and 2000, the National Assembly was dissolved once in 1997.

The Cabinet is collectively responsible before the National Assembly (Article 54 of the Constitution).

• Oral and written questions of parliamentarians

Parliamentarians can put oral questions, which are answered in plenary session. Written questions are answered within a month of being tabled. The time reserved for oral questions is at the start of the plenary session following the tabling of the oral question. Questions do not give rise to debates, however.

• Government reports to Parliament

Not applicable

• 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 (Article 78 of the Constitution). The Prime Minister may, after deliberation with the Council of Ministers, engage the liability of the Cabinet before the National Assembly regarding the 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 adopts a new motion of no confidence or when it 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 of the Republic.

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

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

The Government directs the civil administration and the armed forces (Article 53 of the Constitution). It is collectively responsible before the National Assembly.

Not applicable

• Committees of inquiry and missions to Government departments

The parliament exercises oversight over the administration's activities through committees of inquiry and the standing committee for the evaluation and monitoring of draft bills.

• Oral and written questions of parliamentarians

Parliamentarians can put oral questions that are answered in plenary session. Written questions receive an answer within a month. The time reserved for oral questions is at the beginning of the plenary session following the one at which the question was tabled. Written questions are published in the official journal. Neither type of question gives 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

Not applicable

• Representation of Parliament in governing bodies of the Government administration

Not applicable

• Mode for appointing an ombudsman

The Ombudsman is appointed by the President for a non-renewable term of seven years and cannot be dismissed except in the case of an impediment or serious error brought to the attention of the Supreme Court.

• Relationship to Parliament

The Ombudsman takes no instructions from any authority in the performance of his or her duties. He or she receives complaints about the functioning of state administrative bodies, territorial collectives, public bodies or any organisation serving the public. If he or she finds that a complaint is justified, he or she makes any recommendations he or she considers suitable to resolve the complaint submitted and, where necessary, any proposals aimed at improving the way the organisation in question operates. The Ombudsman may also suggest to the competent authorities any amendments to current legislation or regulations that appear appropriate to him or her. The Ombudsman is kept informed of the results of any recommendations made regarding individual complaints received. If the Ombudsman has not received a satisfactory reply within the time he or she has laid down, he or she may propose to the President to give the authority concerned any directive the President may think fit.

The parliament is consulted during the drafting of the national budget through budget arbitration meetings organised by the finance minister.

• Examination of the budget / finance act by Parliament

The National Assembly addresses the draft budget bill as soon as the normal session proceeding the budgetary period commences (Article 77 of the Constitution). The draft budget bill must provide for the necessary receipts to cover all expenditure. The parliament has three months to deliberate on and vote the budget bill.

• Reports on the budget / finance act by Committees

The scrutiny of the finance bill is the opportunity for the finance committee, which reports to the National Assembly's plenary session, to meet all the financial experts involved and question them on the future budget's perspectives.

• Defence budget

The parliament exercises oversight over all public funds.

• Budget of special departments

The parliament exercises oversight over all public funds.

• Role of Parliament in national development plans

The parliament receives reports from the economic and social council on development plans.

The parliament has the October budget session, i.e. 90 days, available to vote the national budget.

If the National Assembly has not reached a decision before the start of the budget period, or if it rejects the budget, the Government sends back the budget within 15 days to the National Assembly convened in extraordinary session. The National Assembly then has eight days to reach a decision. If the budget is still not voted at the end of this session, it is implemented by Government based on the previous budget figures (provisional twelfth) on the advice of the Supreme Court.

While a law theoretically grants the parliament budgetary autonomy, the finance minister retains some influence.

• Government reports to Parliament about public spending periodically:   Yes

The parliament votes the settlement bill for the previous budget.

• The scrutiny of the finance bill is the opportunity for the finance committee, which reports to the National Assembly's plenary session, to meet all the financial experts involved and question them on the implementation of the previous budget.

Not applicable

The account section of the Supreme Court audits public accounts.

• Reports of the public auditor's office

The account section must supply an audit certificate to the National Assembly for all budget settlement acts.

• Foreign Relations Committee (sub-report)

• Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament may take the initiative to send delegations to inter-parliamentary conferences.

• Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy questions from time to time.

• Participation of Parliament in inter-governmental meetings

Not applicable

• Modalities and procedures for ratifying international treaties and agreements (sub-report)

• Other mechanisms for participation in foreign policy by Parliament

Parliamentarians participate in the conduct of foreign policy through parliamentary diplomacy.

• National Defence Committee (sub-report)

• Parliamentary oversight of public arms manufacturing companies

Not applicable

• Modalities and procedures in case of war, an armed attack or a state of emergency

The declaration of war is authorised by the National Assembly convened in a special session for that purpose (Article 71 of the Constitution). The President then informs the nation by an announcement. States of emergency and states of siege are declared in the Council of Ministers (Article 72 of the Constitution). Their extension beyond ten days may only be authorised by the National Assembly.

• Role of Parliament in sending troops abroad

Not applicable

• Other mechanisms for participation in national defence policy by Parliament

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

The President declares, after deliberation with the Council of Ministers, a state of siege or a state of emergency (Article 49 of the Constitution). When the institutions of the Republic, the independence of the nation, the integrity of the national territory, or the execution of international commitments are immediately or gravely threatened, and the regular functioning of the 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 Presidents of the National Assembly and of the High Council of Collectives as well as the Constitutional Court. He or she informs the nation of the situation by an announcement.

The extension of a state of emergency or a state of siege beyond 10 days can only be authorised by the National Assembly. The application of emergency powers by the President must not in any case compromise either national sovereignty or the integrity of the national territory. The emergency powers must seek to ensure the continuity of the state and re-establish as soon as possible public institutions in conformity with the Constitution. The National Assembly assembles as of right and may not be dissolved during the exercise of emergency powers.

• Body ruling on the constitutionality of laws:    A specialised body / constitutional Court

The Constitutional Court is the judge of the constitutionality of the laws and guarantees the fundamental rights of the individual and public liberties (Article 85 of the Constitution). It is the regulatory body for the functioning of public authorities and institutions. The Constitutional Court comprises nine members who hold the title of Counsellor. Their term of office is seven years renewable once. The nine members are appointed in threes: (i) by the President; (ii) by the President of the National Assembly, and; (iii) by the Superior Council of the Magistracy. His or her peers elect the President of the Constitutional Court.

• Means and procedures

The Constitutional Court is required to rule on the constitutionality of organic laws and statutes prior to their promulgation and on the internal regulations of the National Assembly, the High Council of Collectives and the Economic, Social and Cultural Council before they are put into effect. The Prime Minister submits organic laws to the court. Prior to promulgation, other categories of laws can be referred to the Constitutional Court by the President, the Prime Minister, the President of the National Assembly or one tenth of the deputies, the President of the High Council of Collectives or one tenth of the National Councillors, or by the President of the Supreme Court.

The Constitutional Court hands down its rulings within one month. However, at the request of the Government, and in urgent cases, this period can be reduced to eight days. An appeal to the Constitutional Court suspends the promulgation of a law. Any provision found unconstitutional may be neither promulgated nor applied. There is no appeal against the Constitutional Court's rulings. They are binding on all public authorities, administrations, courts, and on all physical and moral persons.

Not applicable

Not applicable