Circumstances

Either of the Chambers may pass judgment on the conduct of ministers by proposing that the General Assembly in joint session declares that their acts of administration or those of Government are censured (Article 147 of the Constitution). Whenever motions to this effect are presented, the Chamber in which they are made is specially convoked, within a period not exceeding 48 hours, to decide upon its course of action.

Modalites

If the motion is approved by a majority of those present, notice is given to the General Assembly, which is called within 48 hours. The disapproval may be individual, plural, or collective, but in all cases it must be adopted by an absolute majority of all parliamentarians, at a special and public session. However, a secret session may be decided upon whenever circumstances so demand. Individual disapproval is one that affects one minister; plural disapproval one that affects more than one minister; and collective disapproval is one that affects a majority of the Council of Ministers.

Consequences

An adopted no-confidence motion means the resignation of the minister, the ministers, or the Council of Ministers. The President may veto the vote of disapproval whenever it has been adopted by less than two thirds of all parliamentarians. In such a case the General Assembly is convoked in special session to be held within the following 10 days. If the Assembly maintains its vote by less than three fifths of its full membership, the President may, within the next 48 hours, retain the censured minister or ministers by express decision, and dissolve the Chambers. The President may not exercise this power during the last twelve months of his or her term. During the 48-hour period, the Assembly may vote a motion of disapproval if it is adopted by two thirds or more of its full membership. In the case of a disapproval motion that is not collective, the President may not exercise this right more than once during his or her term. Within 15 days after its eventual new organisation, the General Assembly, by an absolute majority of all its members, maintains or revokes the vote of disapproval. If it is maintained the Council of Ministers fails. Between 1990 and 2000, about 50 motions of censure were tabled.