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: parliamentary / constitutional Monarchy |
The King is the Head of State and enthroned in a position of revered worship that may not be violated (Section 8 of the Constitution). No person may expose the King to any sort of accusation or action. The King also holds the position of Head of the armed forces and has the prerogative to create titles and confer decorations. |
| Head of the executive: Prime Minister |
The Prime Minister is the Head of the executive and carries out the administration of state affairs. He or she must be appointed from among members of the House of Representatives or from among persons who have previously been ministers during a term of the same House. |
| Method for appointing the executive |
The House of Representatives completes its consideration and approval of the person suitable to be appointed Prime Minister within 30 days from the day the National Assembly (both chambers) is convoked for the first sitting. The nomination of such person must be endorsed by not less than one fifth of all members of the House. The resolution approving the appointment of a Prime Minister must be passed by the votes of more than one half of all members of the House. The King formally appoints the Prime Minister, as well as not more than 35 other ministers to constitute the Council of Ministers, with the Speaker of the House countersigning the Royal command (Section 201 of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature 4 years |
The term of the House of Representatives, together with the term of the Prime Minister, is set at four years (Section 114 of the Constitution). These terms do not coincide with the term of the Senate of six years (Section 130 of the Constitution). |
| Incompatibility of the functions of member of the executive and member of Parliament: Yes |
No Prime Minister or minister may be a member of the House of Representatives or senator simultaneously (Section 204 of the Constitution). A member of the House of Representatives who has been appointed as Prime Minister or minister must vacate office on the day following the date on which 30 days have elapsed from the date of the issuance of the Royal command. |
| Dissolution of Parliament: Yes |
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The King has the prerogative to dissolve the House of Representatives for a new election (Section 116 of the Constitution). The dissolution may be made in the form of a Royal decree in which the Prime Minister or Head of Government can announce any political reason under the current Constitution. |
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The Royal decree for the dissolution of the House fixes the day for a new general election, to be held within 60 days. The dissolution may be made only once under the same circumstance. Between 1990 and 2000, the House was dissolved four times, in 1992, 1995, 1996 and 2000. The first dissolution occurred because the Prime Minister was not appointed from among the members of the House. The reason for the two subsequent dissolutions was that the dissenting government coalition could not administer state affairs fraternally anymore. The last dissolution was triggered by the resignation of opposition party parliamentarians from the House of Representatives. |
| Accountability of Government to Parliament | ^ TOP ^ |
| Accountability of Government to Parliament: Yes |
Government accountability to the parliament can be brought into play collectively and individually. |
| Modalities of oversight |
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Every parliamentarian has the right to put oral and written questions, as well as interpellations to a minister on any matter within the scope of his or her authority, but the minister has the right to refuse to answer if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the grounds of security or vital state interest (Section 183 of the Constitution). |
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Not applicable |
| Measures |
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The Council of Ministers that assumes the administration of state affairs must, within 15 days from the date it takes office, state its policies to the National Assembly, provided that no vote of confidence is passed (Section 211 of the Constitution). Before stating its policies, if a case of importance and necessary urgency arises, which, if left delayed, will affect the well-being of the country, the Council may, for the time being, carry out such acts in so far as it is necessary. In case of an important problem in the administration of state affairs where the Council of Ministers deems it advisable to sound out the opinion of parliamentarians, the Prime Minister may also give a notice to the President of the National Assembly, requesting that a general debate be held at a joint sitting (Section 213 of the Constitution). No resolution may be passed by the National Assembly on the issue put in the debate. |
| Oversight over the actions of the Government administration | ^ TOP ^ |
| Oversight of actions of the Government administration by Parliament: Yes | |
The House of Representatives and the Senate are vested with the power to control the administration of state affairs (Section 182 of the Constitution). | |
| Means and modalities of oversight | |
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Committees have the power to demand documents from any person or summon any person to give statements of fact or opinions on the act or the matter under its inquiry or study (Section 189 of the Constitution). In case such person is a government official, official or employee of a state agency, state enterprise or local government organisation, the chairman of the committee notifies the minister who supervises and controls the agency to which such person is attached in order to instruct him or her to act as prescribed. However, the supervising minister may be exempt from complying where state security or higher state interests are involved. | |
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Both Chambers have the power to select and appoint members to constitute an ad hoc committee in order to perform any act, inquire into or study any matter within the powers and duties of the Chambers and report their findings to the plenary session (Section 189 of the Constitution). The resolution appointing such an ad hoc committee must specify the activity or the matter concerned clearly and without repetition or duplication. | |
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Every parliamentarian has the right to put oral and written questions, as well as interpellations to a minister on any matter within the scope of his or her authority. The minister has the right to refuse to answer if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the grounds of security or vital state interests (Section 183 of the Constitution). Oral questions on any matter involving the administration of state affairs can be posed once a week. Two follow-up questions are allowed after an initial answer, but each question should be answered within 20 minutes. This time limit can be extended to not more than 60 minutes. Written questions can be posed anytime. Parliamentarians ask the minister concerned to reply within 15 days in the House, or within 30 days in the official gazette, from the date the question reaches the minister. Note that questions cannot give rise to debates. | |
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Not applicable | |
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Ombudsmen, the office of the National Human Rights Commission, the office of the National Counter Corruption Commission, and the office of the auditor general are required to submit annual activity reports to the parliament. | |
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Not applicable | |
| Existence of an ombudsman: Yes | |
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The Ombudsmen, not more than three in number, are appointed by the King with the advice of the Senate, from persons recognised and respected by the public, with knowledge and experience in the administration of state affairs, enterprises or activities of common interest to the public and with apparent integrity (Section 196 of the Constitution). The President of the Senate countersigns the Royal command appointing the Ombudsmen. They hold office for a term of six years and may serve for only one term. | |
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Ombudsmen have the powers and duties (i) to consider and inquire into complaints regarding any failure to perform in compliance with the law by public officials, in case of performance of or omission to perform duties by a public official that unjustly causes injuries to the complainant or the public, whether such act is lawful or not; and (ii) to prepare reports and submit opinions and suggestions to the National Assembly. If the Ombudsman is of the opinion that the provisions of the law, rules or regulations beg the question of constitutionality, he or she submits the case and the opinion to the Constitutional Court or administrative court for decision. The courts, as the case may be, decide the case submitted without delay. | |
| Budgetary oversight | ^ TOP ^ |
| Consultation of Parliament in the preparation of the national budget: No data |
Not available |
| Modalities of oversight |
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The expenditure estimates of the state are made in the form of an act (Section 179 of the Constitution). The House of Representatives must finish the consideration of an annual appropriations bill, a supplementary appropriations bill and a transfer of appropriations bill within 105 days from the date the bill reaches the House. If the House has not finished the consideration of the bill within that period, such bill is deemed approved by it and is submitted to the Senate for consideration. The Senate must approve or disapprove it without any amendment within 20 days. Upon the lapse of that period, such bill is deemed approved. In case the Senate approves it, the Prime Minister presents the bill to the King for signature within 20 days, and it comes into force upon its publication in the official gazette. If the Senate disapproves the bill, and the House resolves to reaffirm the original bill or the bill considered by the joint committee receives the votes of more than one half of the total number of its members, such bill is deemed approved by the National Assembly. |
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Not available |
| 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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The national development plans are prepared and implemented by the Council of Ministers. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The House of Representatives must finish the consideration of the annual appropriations bill within 105 days. The Senate must then approve or reject it within 20 days |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the annual appropriations act for the following fiscal year is not enacted in time, the law on annual appropriations for the preceding fiscal year applies until the act is approved. |
| Budgetary autonomy of Parliament: Yes |
The House of Representatives submits its annual appropriations to the parliament as a whole for approval. |
| Oversight of the implementation of the budget and of Government spending | ^ TOP ^ |
| Evaluation of Government spending |
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Not applicable |
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| Parliamentary oversight of public companies: No |
The power and duty to exercise oversight over public companies belongs to Government. |
| Modalities of oversight |
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State auditing is carried out by the state audit commission and the auditor general, who is independent and impartial (Section 312 of the Constitution). The state audit commission consists of the chairman and nine other members appointed by the King, with the advice of the Senate, from persons with expertise and experience in state audit, accounting, internal audit, finance and other fields. The state audit commission has an independent secretariat, with the auditor general as the superior responsible directly to the chairman of the commission. The King appoints the auditor general with the advice of the Senate. The President of the Senate countersigns the Royal commands appointing the chairman, members of the state audit commission and the auditor general. Members of the commission hold office for a term of six years and serve for only one term. |
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The auditor general is obliged to report to the parliament annually. The parliament examines and comments on this report. |
| Oversight over foreign policy | ^ TOP ^ |
| Modalities of oversight | |
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The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. | |
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The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues. | |
| Involvement of Parliament | |
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The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings. | |
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There are no other parliamentary oversight mechanisms in addition to the above. | |
| Oversight over national defence policy | ^ TOP ^ |
| Modalities of oversight | |
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Not applicable | |
| Circumstances and involvement | |
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The King has the prerogative to declare and lift martial law (Section 222 of the Constitution). In case it is necessary to declare martial law in a certain locality as a matter of urgency, the military authority may do so. The King also has the prerogative to declare war, but only with the approval of the National Assembly. The latter holds a joint sitting for the approval of the declaration of war (Section 193, paragraph 14 of the Constitution). The approval resolution must be passed by not less than two thirds of all members of both Chambers. During the expiration of the term or the dissolution of the House of Representatives, the Senate performs the function of National Assembly in giving its approval, with the resolution passed by a two-thirds majority of all senators at least. | |
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Not applicable | |
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There are no other parliamentary oversight mechanisms in addition to the above. | |
| State of emergency | ^ TOP ^ |
| Circumstances |
For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an emergency decree that has the force of an act (Section 218 of the Constitution). The issuance of such decree may be made only when the Council of Ministers is of the opinion that it is a case of emergency and necessary urgency that is unavoidable. In the next succeeding parliamentary sitting, the Council of Ministers submits the emergency decree to the National Assembly for consideration without delay. |
| Can parliament take the initiative to declare a state of emergency: No |
| Consequences of a state of emergency for Parliament |
Before the House or the Senate approve an emergency decree, not less than one fifth of parliamentarians of each Chamber have the right to submit an opinion to the President of the House of which they are members that the emergency decree is not in accordance with the Constitution, and the said President then refers it to the Constitutional Court for decision. After the court has given a decision, it notifies its decision to the President. If the latter has received an opinion from parliamentarians, the consideration of the emergency decree is deferred until the decision of the Constitutional Court has been notified. In case the Constitutional Court decides that the emergency decree is not in accordance with the Constitution, such decree does not have the force of law ab initio. Such decision must be given by votes of not less than two thirds of all members of the court. |
| Verification of the constitutionality and the application of laws | ^ TOP ^ |
| Modalities of oversight |
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The Constitutional Court consists of the President and fourteen Judges (Section 255 of the Constitution). They are appointed by the King, upon the advice of the Senate, as follows: (i) five Judges of the Supreme Court of Justice holding a position of not lower than Judge and elected at a general meeting by secret ballot; (ii) two Judges of the Supreme Administrative Court elected at a general meeting by secret ballot; (iii) five persons qualified in law elected under section 257; and (iv) three qualified persons in political science elected under section 257 (Section 255 of the Constitution). The elected persons hold a meeting and elect one of their number to be the President of the Constitutional Court and notify the result to the President of the Senate accordingly, who countersigns the corresponding Royal command. The Judges hold office for nine years and for only one term. |
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After any bill or organic law bill has been approved by the parliament, and before the Prime Minister presents it to the King for signature, (i) if not less than one tenth of parliamentarians are of the opinion that provisions of the bill are contrary to or inconsistent with the Constitution, or such bill is enacted contrary to its provisions, they submit their opinion to the President of their Chamber, the latter refers it to the Constitutional Court for decision and informs the Prime Minister thereof; (ii) if not less than 20 parliamentarians are of the opinion that the provisions of the organic law bill are contrary to or inconsistent with this Constitution or such organic law bill is enacted contrary to the Constitution, they submit their opinion to the President of their Chamber, the latter then refers it to the Constitutional Court for decision and informs the Prime Minister thereof; (iii) if the Prime Minister is of the opinion that the provisions of the bill or organic law bill are contrary to or inconsistent with the Constitution or it is enacted contrary to its provisions, he or she refers such opinion to the Constitutional Court for decision and informs the Presidents of both Chambers thereof (Section 262 of the Constitution). |
| Evaluation of laws: No |
Not applicable |
| Measures against legislative inflation |
Not applicable |
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