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CHAPTER I : Control |
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Art. 159 - The
elected assemblies assume the function of control within its popular
dimension. Art. 160 - The Government presents
to each chamber of the Parliament a report on the use of budgetary credits
which it voted for each financial year. The financial year is close as far as it
concerns the Parliament by a vote, by each of the chambers, of the
financial year in question. Art. 161 - Each of the two chambers
of the Parliament may, within the framework of its prerogatives, institute
at any time committees investigating affairs of general interest. Art. 162 - The control institutions
and bodies are in charge of checking the conformity of the legislative and
executive action with the Constitution and to verify the conditions of use
and management of material means and public funds. Art. 163 - A Constitutional Council
is instituted to see to the respect of the Constitution. The Constitutional Council sees also to the
due form of referendum operations, the election of the President of the
Republic and the general elections. It proclaims the results of these
operations. Art. 164 - The Constitutional
Council is composed of nine (09) members : three (03) appointed by the
President of the Republic among whom is the President, two (02) elected by
the People’s National Assembly, two (02) elected by the Council of
Nation, one (01) elected by the Supreme court of Nation, one (01) elected
by the Council of State. Once elected or appointed, the members of
the Constitutional Council cease any other mandate, function,
responsibility or mission. The President of the Republic appoints the
President of the Constitutional Council for a single mandate of six (06)
years. The other members of the Constituional
Council fill a unique mandate of six (06) years and are renewed by half
every three (03) years. Art. 165 - In addition to the
prerogatives explicitly bestowed upon it by other provisions of the
Constitution, the Constitutional Council pronounces on the
constitutionality of treaties, laws and regulations, either through an
opinion if these are not enforced or, otherwise, through a decision. The Constitutional Council, called upon by
the President of the republic, expresses a compulsory opinion on the
constitutionality of the organic laws following their adoption by the
Parliament. The Constitutional Council also pronounces
on the conformity of the rules of procedures of each of the two chambers
of the Parliament with the Constitution in accordance with the provisions
of the above mentioned paragraph. Art. 166 - The Constitutional
Council is called upon by the President of the Republic, the President of
the People’s National Assembly or by the President of the Council of
Nation. Art. 167 - The Constitutional
Council deliberates in camera ; its opinion or its decision are given
within twenty (20) days following the date it was referred to. The Constitutional Council defines the
rules of its functioning. Art. 168 -
When the Constitutional Council considers that a treaty, an
agreement or a convention is not constitutional, its ratification cannot
take place. Art. 169 - When the Constitutional
Council considers that a legislative or regulatory provision is not
constitutional, this latter looses its effect from the date the decision
is taken by the Council. Art. 170 - An Audit Office is
instituted with the task of controling a posteriori the finances of the
State, the territorial collectivities and public services. |