The President is the Head of State and represents the state vis-à-vis foreign countries (Article 66 of the Constitution).

Executive power is vested in the executive branch headed by the President, who has the responsibility and duty to safeguard the independence, territorial integrity, and continuity of the state and the Constitution. The Prime Minister assists the President and directs the executive Ministries. More generally, the State Council deliberates on important policies that fall within the power of the executive (Article 88 of the Constitution). It is composed of the President, the Prime Minister, and other members numbering no more than 30 and no less than 15.

The President is elected by universal, equal, direct, and secret ballot by the people (Article 67 of the Constitution). The Prime Minister is appointed by the President with the consent of the National Assembly (Article 86 of the Constitution). The members of the State Council are also appointed by the President, on the recommendation of the Prime Minister. The Heads of executive ministries, finally, are appointed by the President from among members of the State Council on the recommendation of the Prime Minister.

The term of office of members of the National Assembly is four years, and does not coincide with the term of the President, which is five years. The President cannot be re-elected.

Members of the National Assembly may not concurrently hold any other office prescribed by law, except for the position of member of Government (Article 43 of the Constitution).

• Circumstances

Not applicable

• Modalities

Not applicable

Government members are individually accountable to the parliament.

• Oral and written questions of parliamentarians

The Prime Minister, members of the State Council, or Government delegates may deliver opinions and answer questions (Article 62 of the Constitution). When requested by the Assembly or its committees, they have to attend any of its meetings and answer questions. If the Prime Minister or State Council members are requested to attend, they may have State Council members or Government delegates attend the meeting and answer questions.

• Government reports to Parliament

The Prime Minister, members of the State Council or Government delegates may report on the state administration (Article 62 of the Constitution).

• Vote of confidence on Government programs and/or legislative proposals

Not applicable

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

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

Members of Government are accountable to the parliament individually.

The parliament may inspect affairs of state or investigate specific matters therein, and may demand the production of documents directly related thereto, the appearance of a witness in person, and the furnishing of testimony or statements of opinion (Article 61 of the Constitution).

• Committees of inquiry and missions to Government departments

The parliament exercises oversight over the actions of the administration through committees of inquiry.

• Oral and written questions of parliamentarians

The parliament exercises oversight over the actions of the administration through oral and written questions. Oral questions must be answered before the end of the plenary meeting. If Government fails to answer questions immediately it should provide an answer the next day or at least set a deadline for the answer. Answers should be given as soon as possible. In case of written requests, answers are also given immediately and Government documents should be submitted within 10 days. About five days per plenary session are devoted to interpellations to Government. Assembly members are allowed to speak for 15 to 30 minutes per question. The exact time differs according to the nature of the question.

• Role of Parliament in the appointment of senior Government officials

Confirmation hearings are held before the parliament approves the appointment of the Prime Minister, the Chief Justice of the Supreme Court, the President of the Constitutional Court, the Chair of the board of audit and inspection and the Justices of the Supreme Court. In addition, hearings are now also held for the appointment of the Director General of the National Intelligence Service, the Prosecutor General, the Commissioner General of the National Police Agency and the Commissioner of the National Tax Service.

• Activity reports of the Government administration and of public services or establishments

Most major public establishments and state-owned enterprises are required by law to submit annual activity reports to the parliament. Public organisations also submit reports on their current status and provide documents on their activities during inspections of and investigations into the state administration.

• Representation of Parliament in governing bodies of the Government administration

Parliamentarians can hold ministerial positions and, in some cases, may head non-profit public organisations.

• Mode for appointing an ombudsman

Not available

• Relationship to Parliament

The office of the Ombudsman is an active administrative corrective system tasked with settling citizens' complaints against Government agencies conveniently and swiftly.

The executive formulates the budget bill for each fiscal year. In March 2004, a non-partisan body, the National Assembly Budget Office (NABO), was established in order to strengthen the National Assembly's role of examining budgets and the settlement of accounts.

• Examination of the budget / finance act by Parliament

The parliament deliberates and decides upon the national budget bill (Article 54 of the Constitution). In case it is necessary to make continuing disbursements for a period longer than one fiscal year, the executive obtains the approval of the parliament for a specified period of time. When it is necessary to amend the budget, the executive may formulate a supplementary revised budget bill and submit it to the parliament. The National Assembly may neither increase the sum of any item of expenditure nor create any new items of expenditure in the budget submitted by the executive without the consent of the executive.

• Reports on the budget / finance act by Committees

The budget estimate is compiled by Government and examined by parliamentary standing committees. It is then examined by the special committee on the budget and accounts, before being finalised and approved by the plenary session.

• 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 finalises the budget for the implementation of national development plans, deliberates bills related to national development plans, and receives status reports and monitors the progress of such plans through its annual inspection of state administration.

The executive formulates the budget bill and submits it to the National Assembly within 90 days before the beginning of a fiscal year. The parliament decides upon the budget bill within 30 days before the beginning of the fiscal year.

If the budget bill is not passed by the beginning of the fiscal year, the executive may, in conformity with the budget of the previous fiscal year, disburse funds for the following purposes until the budget bill is passed by Parliament: (i) the maintenance and operation of agencies and facilities established by the Constitution or law; (ii) the execution of obligatory expenditures as prescribed by law; and (iii) the continuation of projects previously approved in the budget.

The budget guidelines for the parliament are established by the House steering committee and the estimates are then compiled by the National Assembly secretariat. The House steering committee examines and approves the estimates and then submits them to the ministry of planning and budget for incorporation into the Government's total budget estimate.

• Government reports to Parliament about public spending periodically:   Yes

Government annually submits the public accounts to parliamentary standing committees. The accounts are further examined by the special committee on the budget and accounts and are finally approved in the plenary session.

• Not applicable

Activity reports of public companies are submitted to the parliament and examined in the relevant standing committees.

The board of audit and inspection is established under the direct jurisdiction of the President to inspect and examine the settlement of the revenues and expenditures of the state, the accounts of the state and other organisations, as well as the job performances of executive agencies and public officials (Article 97 of the Constitution). The board is composed of no less than five and no more than 11 members, including the chairman. The chairman is appointed by the President with the consent of the parliament. The term of office of the chairman and the other members is four years, and they may be reappointed only once. Members of the board are appointed by the President on the recommendation of the chairman.

• Reports of the public auditor's office

The board of audit and inspection inspects the closing of accounts of revenues and expenditures each year, and reports the results to the President and the parliament in the following year.

• Foreign Relations Committee (sub-report)

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

The parliament exercises oversight over foreign policy through bilateral visits and participation in international conferences.

• Plenary debates on foreign policy issues

Not applicable

• Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of the Government.

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

• Other mechanisms for participation in foreign policy by Parliament

No other means in addition to the above.

• 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 State Council has the competence to declare war, to conclude peace, as well as for other important matters pertaining to foreign policy (Article 89, paragraph 2 of the Constitution). The parliament has the right to consent to the declaration of war (Article 60 of the Constitution).

• Role of Parliament in sending troops abroad

Parliament has the right to consent to the dispatch of armed forces to foreign states and the stationing of foreign forces on the territory of the Republic (Article 60 of the Constitution).

• Other mechanisms for participation in national defence policy by Parliament

No other means in addition to the above

In time of internal turmoil, external threat, natural calamity, or a grave financial or economic crisis, the President may take the minimum necessary financial and economic actions or issue orders having the effect of law, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and if there is no time to await the convocation of the parliament (Article 76 of the Constitution). In case of major hostilities affecting national security, the President may issue orders having the effect of law, only when it is required to preserve the integrity of the nation, and it is impossible to convene the parliament. In the case of such actions taken or orders issued, the President promptly notifies the parliament and obtains its approval. If no approval is obtained, the actions or orders lose effect. In that case, laws that were amended or abolished by the orders in question automatically regain their original effect at the moment the orders fail to obtain approval.

When it is required to cope with a military necessity or to maintain public safety and order by mobilisation of the armed forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law. Martial law takes one of two forms, extraordinary martial law and precautionary martial law. Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the executive and the judiciary. When the President has proclaimed martial law, he or she has to notify the parliament without delay. When the parliament requests the lifting of martial law with the concurrent vote of a majority of its total membership, the President has to comply.

The parliament's existence and functioning are not affected by a state of emergency or by martial law.

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

The Constitutional Court is composed of nine Adjudicators qualified to be Court Judges, appointed by the President (Article 111 of the Constitution). Among the Adjudicators, three are appointed from persons selected by the parliament, and three appointed from persons nominated by the Chief Justice. The Head of the Constitutional Court is appointed by the President from among the Adjudicators with the consent of the parliament. The term of office of the Adjudicators is six years, and they may be reappointed under conditions prescribed by law. They may not join any political party nor participate in political activities. No Adjudicator can be expelled from office except by impeachment or a sentence of imprisonment or heavier punishment.

• Means and procedures

The Constitutional Court is competent to adjudicate on (i) the unconstitutionality of law upon the request of the courts; (ii) impeachment; (iii) the dissolution of a political party; (iv) disputes on jurisdictions between state agencies, between state agencies and local Governments, and between local Governments; and (v) petitions relating to the Constitution as prescribed by law. When the court makes a decision on the unconstitutionality of a law, impeachment, dissolution of a political party, or a petition relating to the Constitution, the concurrence of at least six Adjudicators is required. Laws or sections of laws that are ruled to be unconstitutional are no longer effective. Rulings of the Constitutional Court are binding upon other courts, Government organisations and local bodies.

The legislative advisory office of the National Assembly examines administrative laws to ensure that they remain within the scope of laws established by the parliament.

Not applicable