Constitution - President of the Republic

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CHAPTER I

The National Assembly

Article 15

(1) The National Assembly shall comprise 180 (one hundred and eighty) members elected by direct and secret universal suffrage for a five-year term of office.

(2) In the event of a serious threat to the nation's territorial integrity or to its existence, its independence or institutions, the President of the Republic may declare a state of siege by decree and take any measures as he may deem necessary. He shall inform the Nation of his decision by message.

Article 10

(1) The President of the Republic shall appoint the Prime Minister and, on the proposal of the latter, the other members of Government.

He shall define their duties.

He shall terminate their appointment.

He shall preside over the Council of Ministers.

(2) The President of the Republic may delegate some of his powers to the Prime Minister, other members of Government and any other senior administrative officials of the State, within the framework of their respective duties.

(3) Where the President of the Republic is temporarily unable to, perform his duties, he shall delegate the Prime Minister and, should the latter also be unavailable, any other member of Government to discharge his duties within the framework of an express delegation of some of his powers.

CHAPTER II

The Government

Article 11

The Government shall implement the policy of the nation as defined by the President of the Republic.

It shall be responsible to the National Assembly under the conditions and procedures provided for in Article 34 below.

Article 12

(1) The Prime Minister shall be the Head of Government and shall direct its action.

(2) He shall be responsible for the enforcement of the laws.

(3) He shall exercise statutory authority and appoint to civil posts, subject to the prerogatives of the President of the Republic in such areas.

(4) He shall direct all the government services required for the accomplishment of his duties.

(5) He may delegate some of his powers to members of Government and to senior State officials.

Article 13

The office of member of Government and any office ranking as such shall be incompatible with that of Member of Parliament, Chairman of the Executive or Assembly of a local or regional authority, leader of a national professional association, or with any other employment or professional activity.

PART II

Legislative Power

Article 14

(1) Legislative power shall be exercised by the Parliament which shall comprise 2 (two)

Houses:

(a) The National Assembly;

(b) The Senate.

(2) Parliament shall legislate and control Government action.

(3) Both Houses of Parliament shall meet on the same dates:

(a) in ordinary session during the months of June, November and March each year, when convened by the Bureaux of the National Assembly and the Senate after consultation with the President of the Republic;

(b) in extraordinary session, at the request of the President of the Republic or of one-third of the members of both Houses.

However, the two Houses shall be convened simultaneously only if the business of the day concerns both of them.

(4) The two Houses of Parliament shall meet in congress at the request of the President of the Republic in order to:

- be addressed by or receive a message from the President of the Republic;

- receive the oath of members of the Constitutional Council;

- take a decision on a draft or proposed constitutional amendment.

When Parliament meets in congress, the Bureau of the National Assembly shall preside over the proceedings.

(5) No person shall be member of both the National Assembly and the Senate.

(6) The conditions for the election of members of the National Assembly and of the Senate, as well as the immunities, ineligibilities, incompatibilities, allowances and privileges of the members of Parliament shall be determined by law.

CHAPTER I

The National Assembly

Article 15

(1) The National Assembly shall comprise 180 (one hundred and eighty) members elected by direct and secret universal suffrage for a five-year term of office.

The number of members of the National Assembly may be modified by law.

(2) Each member of the National Assembly shall represent the entire Nation.

(3) Any imposed mandate shall be null and void.

(4) In case of serious crisis, the President of the Republic may, after consultation with the

President of the Constitutional Council and Bureaux of the National Assembly to decide, by

a law, to extend or abridge its term of office. In this case, the election of a new Assembly shall take place not less than 40 (forty) days and not more than 60 (sixty) days following the expiry of the extension or abridgement period.

Article 16

(1) At the beginning of each legislative year, the National Assembly shall meet as of right in ordinary session under the conditions laid down by law.

(2) Each year, the National Assembly shall hold 3 (three) ordinary sessions, each lasting not more than 30 (thirty) days.

(a) At the opening of its first ordinary session, the National Assembly shall elect its President and Bureau members.

(b) The National Assembly shall, during one of its sessions, adopt the State budget. Where such budget is not adopted before the end of the current financial year, the President of the Republic shall be empowered to extend the previous budget by one-twelfth until a new one is passed.

(3) The National Assembly shall meet in extraordinary session for not more than 15 (fifteen) days on a specific agenda and at the request of the President of the Republic or of one third of its members.

The extraordinary session shall wind up as soon as the agenda for which it was convened is exhausted.

Article 17

(1) Sittings of the National Assembly shall be public. Exceptionally, the National Assembly may hold sittings in camera at the request of the President of the Republic or of an absolute majority of its members.

(2) The National Assembly shall, in a law, draw up its standing orders

Article 18

(1) The agenda of the National Assembly shall be drawn up by the Chairmen's conference.

(2) The Chairmen's conference shall be composed of Presidents of Parliamentary Groups, Chairmen of Committees and members of the Bureau of the National Assembly. A member of Government shall participate in the conference meeting.

(3) Only bills falling within its area of jurisdiction by virtue of Article 26 below may be included in the agenda of the National Assembly.

(a) All private members' bills and amendments which, if passed, would result in the reduction of public funds or in an increase of public charges without a corresponding reduction in other expenditure or the grant of equivalent new supply of funds, shall be inadmissible.

b) Any doubt or dispute on the admissibility of a bill shall be referred by the President of the Republic, the President of the National Assembly or by one-third of the members of the National Assembly to the Constitutional Council for a ruling.

(4) The agenda shall give priority, and in the order decided by the Government, to the consideration of the government bills and private members' bills accepted by it. The other private members' bills admitted by the Chairmen's Conference shall be considered subsequently.

Where a private members' bill has not been considered during two successive ordinary sessions, it shall automatically be considered at the very next ordinary session.

(5) Any item on the agenda shall, at the request of the Government, be treated as a matter of urgency.

Article 19

(1) Laws shall be passed by a simple majority of the members of the National Assembly.

(2) Bills submitted to the National Assembly for reconsideration by the Senate shall either be passed or, rejected in accordance with Article 30 below.

(3) The President of the Republic may, before enacting any law, ask for a second reading.

In such case, bills shall be passed by an absolute majority of the members of the National Assembly.

CHAPTER II

The Senate

Article 20

(1) The Senate shall represent the regional and local authorities.

(2) Each region shall be represented in the Senate by 10 (ten) Senators of whom 7 (seven) shall be elected by indirect universal suffrage on a regional basis and 3 (three) appointed by the President of the Republic.

(3) Candidates for the post of Senator and personalities appointed to the post of Senator by the President of the Republic must have attained the age of 40 (forty) by the date of the election or appointment.

(4) Senators shall serve a term of 5 (five) years.

Article 21

(1) At the beginning of each legislative year, the Senate shall meet as of right in ordinary session under the conditions laid down by law.

(2) Each year, the Senate shall hold 3 (three) ordinary sessions, each lasting not more than 30 (thirty) days.

At the opening of its first ordinary session, the Senate shall elect its President and Bureau members.

(3) The Senate shall meet in extraordinary session for not more than 15 (fifteen) days on a specific agenda and at the request of the President of the Republic or of one-third of its members.

The extraordinary session shall wind up as soon as the agenda for which it was convened is exhausted.

Article 22

(1) Sittings of the Senate shall be public. Exceptionally, the Senate may hold sittings in camera at the request of the President of the Republic or of an absolute majority of its members.

(2) The Senate shall, in a law, draw up its standing orders.

Article 23

(1) The agenda of the Senate shall be drawn up by the Chairmen's conference.

The Chairmen's conference shall be composed of Presidents of Parliamentary Groups, Chairmen of Committees and members of the Bureau of the Senate. A member of Government shall participate in the conference meeting.

(3) Only bills falling within its area of jurisdiction by virtue of Article 26 below may be included in the agenda of the Senate.

(b) Any doubt or dispute on the admissibility of a bill shall be referred by the President of the Republic, the President of the Senate or one-third of the Senators to the Constitutional Council for a ruling.

Where a private members' bill has not been considered during two successive ordinary sessions, it shall automatically be considered at the very next ordinary session.

(5) Any item on the agenda shall, at the request of the Government, be treated as a matter of urgency.

Article 24

(1) Laws shall be passed by a simple majority of the Senators.

(2) The Senate may amend or reject all or part of a bill submitted to it for consideration, in accordance with Article 30 below.

(3) The President of the Republic may, before enacting a law, ask for a second reading in such case, bills shall be passed by an absolute majority of the Senators.