Chapter VIII. The Senate
Article 99
The Senate is a body that has legislative power and performs its duties as determined in the Constitution and laws in force.
The Senate consists of members whose number shall not exceed half of the number of Members of the National Assembly.
Some Senators shall be nominated and some shall be elected non-universally.
A Senator can be re-nominated and re-elected. Candidates for election to the Senate shall be Khmer citizens of either sex, have the rights to vote, be at least 40 years of age and have Khmer nationality at birth.
Article 100
The king shall appoint two Senators.
The National Assembly shall elect two Senators by majority vote.
Other Senators shall be elected through a non-universal election.
Article 101
The preparation, procedures and process of the nomination and election of the Senators, as well as the definition of the electors, electorates and constituencies shall be determined by law.
Article 102
The term of the Senate is six years and ends on the day when the new Senate takes office.
In time of war or other special circumstances when an election cannot be held, the Senate may extend its term for one year at a time, at the request of the King.
The declaration of extension of its term must be approved by at least a two-thirds majority vote of all Senators.
Under the circumstances as described above, the Senate shall meet every day. The Senate has the rights to declare the above special circumstances terminated whenever the situation permits.
If the Senate is not able to meet because of circumstances such as the occupation of the country by foreign forces, the declaration of the state of emergency shall be automatically extended.
Article 103
A Senator may not hold any active public function, be a Member of the National Assembly or be a member of other institutions provided for in the Constitution.
Article 104
Senators shall enjoy parliamentary immunity.
No Senator shall be prosecuted, detained or arrested because of opinions expressed in the exercise of his/her duties. A Senator may only be prosecuted, arrested or detained with the permission of the Senate, or by the Standing Committee of the Senate between sessions, except in case of a flagrant delicto offence. In that case, a competent authority shall immediately report to the Senate or to the Standing Committee of the Senate and request permission.
The decision made by the Standing Committee of the Senate shall be submitted to the Senate at its next session for approval by a two-thirds majority vote of all Senators.
In any case, detention or prosecution of a Senator shall be suspended if the Senate requires that the detention or prosecution be suspended by a three-quarter majority vote of all Senators.
Article 105
The Senate shall have an autonomous budget for the conduct of its functions.
Senators shall receive remuneration.
Article 106
The Senate shall hold its initial session no later than sixty days after the election, and as convened by the King.
Before starting its work, the Senate shall confirm the validity of each Senator’s mandate and vote separately to choose its President, Vice-Presidents and all members of various Commissions of the Senate, by an absolute majority vote of all Senators.
All Senators shall, before taking office, take an Oath of Allegiance as contained in Annex 7 of this Constitution.
Article 107
The Senate holds ordinary sessions twice a year. Each session shall last at least three months. If requested by the King, or the Prime Minister, or at least one-third of all Senators, the Senate shall convene in an extraordinary session.
Article 108
Between the Senate sessions, the Standing Committee of the Senate shall manage the work of the Senate.
The Standing Committee of the Senate consists of the President of the Senate, the Vice- Presidents and all Chairpersons of the Senate Commissions.
Article 109
The Senate sessions shall be held in the Royal capital of Cambodia in the Senate Hall unless, due to special circumstances, stipulated otherwise in the summons.
Except where so stipulated and unless held at the place and date as stipulated, any meeting of the Senate shall be considered completely illegal, null and void.
Article 110
The President of the Senate shall chair the Senate sessions, receive draft bills and resolutions approved by the Senate, ensure the implementation of the Internal Regulations and organize the international relations of the Senate.
If the President is unable to perform his/her duties due to illness or due to fulfilling the functions of Acting Head of State or as a Regent, or due to being on a mission abroad, a Vice-President shall replace him.
If the President or a Vice-President resigns or dies, the Senate shall elect a new President or Vice-President.
Article 111
The Senate sessions shall be held in public.
At the request of the President or of at least one-tenth of its Members, or of the King, or of the Prime Minister, or of the National Assembly President, the Senate shall hold closed sessions.
Sessions of the Senate shall be considered valid, only if:
- There is a quorum of more than two-thirds of all Senators, for any votes which require a two-thirds majority of all Senators.
- There is a quorum of more than a half of all Senators, for any votes which require a relative majority vote or an absolute majority of all Senators.
The number of votes required for approval by the National Assembly, as stipulated in this Constitution, shall apply to the Senate as well.
Article 112
The Senate has a duty to coordinate the work between the National Assembly and the Government.
Article 113
The Senate shall, within a period of not more than one month after a law or other matter is submitted to it, examine and make recommendations on draft laws or proposed laws that have been adopted by the National Assembly and other matters that the National Assembly submits to the Senate. In an emergency this period shall be reduced to five days.
If the Senate makes recommendations and approves the law, or doesn’t make any recommendation, within the time limit stipulated above, the law adopted by the National Assembly shall be promulgated.
If the Senate requests a modification of the draft law or the proposed law, the National Assembly shall immediately consider the draft law or the proposed law for a second time. The National Assembly shall examine and decide on only the provisions or points that have been proposed for modification by the Senate, by either rejecting the whole proposed modification or adopting some parts of it.
The process of sending the draft law or proposed law back and forth between the Senate and the National Assembly shall be completed within one month. This period shall be reduced to ten days in the case of the national budget and finance laws, and to two days for an urgent law.
If the National Assembly does not return the draft law to the Senate within the above specified period or extends the specified period for its examination, the period for examination by the National Assembly and the Senate shall be extended equally.
If the Senate rejects the draft law or the proposed law, the National Assembly may not examine this draft or proposed law for a second time within a period of one month. This period shall be reduced to fifteen days in the case of examination for approval on national budget and finance, and to four days if urgent.
When examining a draft law or proposed law for a second time, the National Assembly shall decide by an open vote and by an absolute majority of its Members.
The draft or the proposed laws adopted by the above method shall then be promulgated.
Article 114
The Senate may establish such commissions as it considers necessary. The organization and functioning of the Senate shall be determined by the Internal Regulations of the Senate. The Internal Regulations shall be adopted by an absolute majority vote of all Senators.
Article 115
If a Senator dies, resigns, or is dismissed more than six months before the end of the term of the Senate, a replacement shall be appointed or elected in accordance with the Internal Regulations of the Senate and the Law on Nomination and Election of Senators.
