Constitution

Burkina Faso 1991 Constitution (reviewed 2015)

Table of Contents

TITLE VII. OF THE RELATIONS BETWEEN THE GOVERNMENT AND THE PARLIAMENT

Article 109

The Prime Minister has access to the National Assembly. He can give responsibility to [charger] a member of the Government of representation before the National Assembly; the Prime Minister can be assisted, in the course of the debates or in commission, by the members of the Government, [by] counselors or experts of his choice.

The Prime Minister presents directly to the Deputies the state [situation] of the Nation on the opening of the first session of the National Assembly.

This presentation is followed by debate and does not give rise to any vote.

Article 110

The members of the Government have access to the National Assembly, to its commissions and consultative organs. They can be assisted by counselors or experts.

Article 111

During the sessions, at least one sitting per week is reserved to the questions of the Deputies and to the responses of the Government.

The National Assembly can address to the Government questions on current events, written questions, [or] oral questions, with or without debate.

The oral questions and the [questions] on current events focusing on the general policy of the Government are posed to the Prime Minister who responds to them. He may not be represented [by another person].

Article 112

The Government deposits the bills of law before the National Assembly within the conditions provided for by the law.

It presents and defends before it the governmental policy, the budget of the State, [and] the plans of economic and social development of the Nation.

In accordance with the law, the Government participates in the debates concerning the orientation, the legitimacy, the merit [bien-fondie] and the effectiveness of the policy of the Government.

Article 113

The Government is required to furnish to the National Assembly all explanations which are demanded of it on its management and on its acts.

The National Assembly may constitute parliamentary commissions of inquiry.

Article 114

The reciprocal relations of the National Assembly and of the Government are expressed equally by:

  • the motion of censure;
    the question of confidence;

    the dissolution of the National Assembly;

    the procedure of parliamentary discussion.

Article 115

The National Assembly can present a motion of censure with regard to the Government.

The motion of censure is signed by at least one-third of the Deputies. To be adopted, it must be voted by an absolute majority of the members composing the Assembly.

In case of rejection of the motion of censure, its signatories may not present another before the time period of one year.

Article 116

The Prime Minister can, after deliberation of the Council of Ministers, engage before the National Assembly the responsibility of the Government on a program or on a declaration of general policy.

The confidence in the Government is refused if the text presented does not receive the absolute majority of the votes of the members composing the Assembly.

The vote on the question of confidence may not take place less than forty-eight hours after the deposit of the text.

The Prime Minister can, after deliberation of the Council of Ministers, engage the responsibility of the Government before the Assembly on the adoption of a text. In this case, this text is considered adopted except if a motion of censure, deposited within the twenty-four hours which follow, is adopted in the conditions specified in the paragraphs above.

Article 117

If the motion of censure is voted or confidence is refused, the President of Faso terminates, within a time period of eight days, the functions of the Prime Minster. He appoints a new Prime Minister according to the procedure specified in Article 46.

Article 118

The agenda of the National Assembly consists notably of the discussion of the popular petitions, of the bills of law deposited by the Government and of the proposals of law accepted by it.

Nevertheless, any proposal of law can be discussed two months after its submission to the Government without application of the preceding paragraph having been made, or of Articles 121 and 122 of this Constitution.

The inscription, by priority, in the agenda of the National Assembly, of a bill or of a proposal of law or of a declaration of general policy, is of right if the President of Faso or the Prime Minister makes the demand for it.

Article 119

In case of urgency declared by the Government, the National Assembly must decide on the bills of law within a time period of fifteen days. This time period is extended [porte] to forty days for the law of finance.

If at the expiration of the time period no vote has been taken [intervenu], the bill of law is promulgated unchanged [en l’tat], on proposal of the Prime Minister by the President of Faso, in the form of an ordinance.

Article 120

The proposals and amendments concerning the law of finance deposited by the members of the National Assembly are irreceivable when their adoption would have as a consequence, either a diminution of public resources, or the creation or the increase [aggravation] of a public expense [charge], unless they should be accompanied by a proposal for augmentation of receipts or of equivalent economies.

Article 121

If the Government demands it, the National Assembly decides by a single vote on all or part of a text in discussion retaining in it only the amendments proposed or accepted by it.

Article 122

When the National Assembly has referred [confie] the examination of a draft of a text to a commission, the Government can, after the opening of the debates, oppose the examination of any amendment which has not been preliminarily submitted to this commission.

Article 123

The proposals of law and the amendments which are not of the domain of the law are irreceivable.

The irreceivability is decided by the President of the National Assembly.

In case of dispute, the Constitutional Council, on referral [saisine] of the Prime Minister or of the President of the National Assembly, decides with a time period of eight days.

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