Title V. Of the Relations between the Executive Power and the Legislative Power
Article 121
The law is voted by the National Assembly.
The law establishes the rules concerning:
- the civil rights and the fundamental guarantees accorded to citizens for the exercise of the public freedoms;
the constraints imposed by the National Defense on the citizens[,] on their persons and on their assets; nationality, the status and capacity of persons, the matrimonial regimes, inheritance and gifts; the Family Code; the determination of criminal infractions as well as the penalties applicable to them, the criminal procedure, amnesty, the creation of new orders of jurisdiction and statute of the magistrates; the penitentiary regime; the base, the rate and modalities of collection of taxes of any nature; the regime of emission of the currency; the creation of categories of public establishments; the nationalization of enterprises and transfers of ownership of enterprises of the public sector to the private sector; the fundamental guarantees granted to the civil and military functionaries of the State; the electoral regime; the procedure according to which customs are declared and harmonized with the principles of the Constitution; the state of siege and the state of urgency.
The law defines the fundamental principles:
- of the administrative organization of the territory;
of the general organization of the National Defense; of the free administration of the collectivities, of their competence and of their resources; of urban planning and management of the territory; of the Charter of the political parties, of the regimes of associations and of the press; of education , [and] of scientific research; of public health, of social affairs and of the rights of the child; of the regime of social security; of the regime of ownership, of real rights and of civil and commercial obligations; of the protection of the environment and of the conservation of natural resources; of the regime of land tenure of the regime of the domain of the State; of insurance, of savings and of credit; of the right to work and the syndical right; of culture[,] of the arts[,] and of sports; of the regime of transportation and telecommunications; of agriculture, of livestock, of fisheries, of wildlife, of water and of forests.
The provisions of this Article shall be specified and complemented by an organic law.
Article 122
The matters other than those which are of the domain of the law have a regulatory character.
The texts of legislative form intervening in these matters can be modified by decree after [the] opinion of the Administrative Chamber of the Supreme Court.
Those of these texts which have intervened after the entry into force of this Constitution may only be modified by decree if the Constitutional Council has declared that they have a regulatory character by virtue of the preceding paragraph.
Article 123
The declaration of war is authorized by the National Assembly.
The sending of the troops of the Chadian army outside of the national territory is decided by the President of the Republic.
The Government informs the National Assembly of this decision to have the armed forces intervene abroad, at the latest three (3) days after the debut of the intervention. It makes precise the objectives pursued.
When the duration of the intervention exceeds four (4) months, the Government submits its prolongation to the authorization of the National Assembly.
Article 124
The state of siege and the state of urgency are decreed in the Council of Ministers.
The Government informs the Bureau of the National Assembly of it.
Their extension beyond twelve (12) days may only be authorized by the National Assembly.
Article 125
The Government can, for the execution of its program, demand of the National Assembly the authorization to take by ordinance, for a limited time period, the measures that are normally of the domain of the law.
The ordinances are taken in the Council of Ministers after [the] opinion of the Administrative Chamber of the Supreme Court.
They enter into force on their publication but become lapsed if the bill of law of ratification is not deposited before the National Assembly before the date established by the enabling law.
At the expiration of the time period mentioned in the first paragraph of this Article, the ordinances may only be modified further by the law in those matters which are of the legislative domain.
Article 126
The members of the Government have access to the National Assembly and to its commissions.
They are heard at the demand of a Deputy or of a Commission.
They may be assisted by collaborators.
Article 127
The organic law is a law which specifies or completes one or more constitutional provisions.
It may only be promulgated if the Constitutional Council, obligatorily referred to [the matter] by the President of the Republic, has declared it in conformity with the Constitution.
The provisions relative to the enabling to legislate granted to the Government, and those granted to the commissions of delegation [concerning] the right to take measures which are of the domain of the law[,] are not applicable to the organic laws.
Article 128
The program laws determine the objectives of the economic and social action of the State.
Article 129
The laws of finance determine the resources and the obligations [charges] of the State within the conditions and under the reserves provided for by an organic law.
The National Assembly votes the bills of the law of finance within the conditions provided for by an organic law.
The bill of the law of finance is deposited with the Bureau of the National Assembly at the latest on the eve of the opening of the second ordinary session.
The National Assembly has [dispose] eighty (80) days at most to vote on the bill of the law of finance.
If, by result of a case of force majeure, the Government could not deposit the bill of the law of finance of the year in a timely fashion for the National Assembly to deal with it, before the end of the ordinary session [and] within the time period specified in the preceding paragraph, that [session] is, immediately and of plain right, followed by an extraordinary session of which the duration is at most equal to the time necessary to complete the said time period.
If the bill of the law of finance is not voted definitively at the expiration of the time period of eighty [80] days specified above, it can be brought into force by ordinance.
This ordinance must take into account the amendments voted by the National Assembly and accepted by the Government.
If, accounting for the above procedure, the law cannot be brought into force before the beginning of the budgetary year, the Government is authorized to continue to collect the receipts and to execute[,] on a provisional basis[,] month by month within the limit of one-twelfth per month, the expenditures on the basis of the credits opened by the last law of finance related [afférente] to the previous financial year [exercice].
The Court of Accounts assists the Government and the National Assembly in the control of the execution of the laws of finance.
Article 130
The initiative of law belongs concurrently to the Government and to the members of the National Assembly.
The bills of law are deliberated in the Council of Ministers after the opinion of the Administrative Chamber of the Supreme Court and deposited with the Bureau of the National Assembly.
Article 131
The proposals and amendments formulated by the members of the National Assembly are not receivable when their adoption would have as a consequence either a diminution of public resources, or the creation of an increase in public expenditures, unless they are accompanied by a proposal of augmentation of receipts or of equivalent economies.
Article 132
If it appears during the course of the legislative procedure that a proposal or an amendment is not of the domain of the law or is contrary to a delegation granted by virtue of the provisions of Article 125 relative to enabling , the government may oppose the receivability.
In case of disagreement between the Government and the National Assembly, the Constitutional Council at the demand of one or other of the parties, decides within a time period of eight [8] days.
Article 133
The discussion of the bills of law concerns the text presented by the Government.
Article 134
The bills and proposals of laws are, at the demand of the Government or of the National Assembly, sent for examination to the Commissions specifically designated to that effect.
The bills and proposals for which such a demand has not been made are sent to one of permanent Commissions.
The number of the permanent Commissions is determined by the Internal Regulations of the National Assembly.
Article 135
The members of the National Assembly and the Government have the right of amendment.
When the National Assembly has referred 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 that had not been previously submitted to that Commission.
If the Government demands it, the National Assembly decides by a sole vote on all or part of the text under discussion, only retaining in it the amendments proposed or accepted by it.
Article 136
The agenda of the National Assembly includes with priority and in the order that the Government has established the discussion of the bills of law deposited by the Government.
One [1] sitting per week is reserved for the examination and the adoption of the proposals of law.
One [1] sitting per two weeks is reserved for the questions of the members of the National Assembly and to the responses of the Government.
Article 137
The Prime Minister, after deliberation of the Council of Ministers, engages before the National Assembly the responsibility of the Government on its program and eventually on a declaration of general policy.
The National Assembly initiates [met en cause] the responsibility of the Government by the vote of a motion of censure. Such a motion is only receivable if it is signed by one-tenth [1/10] at least of the members of the National Assembly. The vote may only take place forty-eight [48] hours after its deposit. The votes in favor of the motion of censure alone are counted, which may only be adopted with the majority of members composing the National Assembly.
If the motion of censure is rejected, its signatories may not propose a new [one] in the course the same session, except in case provided for in the paragraph below.
The Prime Minister can, after deliberation of the Council of Ministers, engage the responsibility of the Government before the National Assembly on the vote of a text.
In this case, the text is considered adopted, except if a motion of censure, deposited in the twenty-four [24] hours which follow[,] is voted within the conditions provided for in paragraph two (2) of this Article.
Article 138
When the National Assembly adopts a motion of censure or when it disapproves the program or a declaration of general policy of the Government, the Prime Minister must remit to the President of the Republic the resignation of the Government.
Article 139
The closure of the ordinary or extraordinary Sessions is delayed[,] of right[,] to permit, the case arising, the application of the provisions of Article 137.
Article 140
The Government is obligated to furnish to the National Assembly all the explanations which are demanded of it on its administration and on its activities.
The means of information and control of the National Assembly on the action of the Government are:
- the interpellation;
the written question; the oral question; the Commission of inquiry; the motion of censure; the hearing in Commissions.
These means are exercised within the conditions determined by the Internal Regulations of the National Assembly.
