TITLE V. RELATIONS BETWEEN THE LEGISLATIVE POWER AND THE EXECUTIVE POWER
CHAPTER I. AREAS OF THE LAW AND REGULATION
Article 101
The law sets forth rules concerning:
- citizenship, civil rights and fundamental guarantees granted to citizens for the exercise of public freedoms, freedom, pluralism and independence of the media, the obligations imposed for the purposes of national defense upon the person and property of citizens;
nationality, status and capacity of persons, matrimonial regimes, inheritance and gifts; the procedure according to which habits and customs are established and brought into harmony with the fundamental principles of the Constitution; the determination of crimes and offenses as well as the penalties applicable to them, criminal proceedings, amnesty; the organization of the judicial and administrative courts and the procedure followed in these jurisdictions; the status of magistrates, ministerial officers and auxiliaries of justice; the general statutes for public service; the status of the prefectural corps; the status of the diplomatic corps; the status of the staff of territorial communities; the status of the military service; the status of national police personnel; the basis, rate and manner of collection of taxes of every kind; the currency issue scheme; the electoral system of Parliament and local assemblies; the modes of public management of economic and social activities; the creation of categories of public institutions; the general organization of the Administration; state of siege and state of emergency; the conditions for the promotion and development of national languages.
The law determines the fundamental principles:
- of education and scientific research;
of the organization of national defense; of the regulations governing property, real rights and of civil and commercial obligations; of labor law, trade union rights and of social institutions; of the alienation and management of the domain of the State and of that of territorial communities; of the transfer of enterprises from the public to the private sector; of mutuality and savings; of environmental protection and sustainable development; of the organization of production; of regulations governing political parties and the statutes of political opposition; of regulations governing transport and telecommunications; of regulations governing the resources and expenses of the State; of the scheduling of the objectives of the economic and social action of the State; of the organization and functioning of public bodies.
Article 102
Organic laws are those whose purpose is to specify or supplement the provisions relating to the organization or operation of the institutions, structures and systems planned or qualified as such by the Constitution.
They are voted on and amended under the following conditions:
- a draft bill or proposed organic law is only submitted to the deliberation and vote of the first house on the expiration of a period of fifteen days subsequent to the filing thereof; the procedure under articles 109 and 110 is applicable;
a draft bill or proposed organic law is adopted under the same conditions by each of the two houses by an absolute majority of its members in office. However, in the absence of agreement between the two houses, the draft may not be adopted by the National Assembly at the last reading except there be a majority of two-thirds of its members in office; organic laws may only be promulgated after the Constitutional Council has declared their compliance with the Constitution.
Article 103
Matters other than those within the purview of legislature come under statutory jurisdiction.
Legislative drafts in these matters prior to the enforcement of this Constitution may be amended by decree made after the opinion of the Constitutional Council.
Article 104
Declaration of war is authorized by Parliament.
In case of disagreement between the two houses, the decision is made by the National Assembly.
Article 105
A state of siege is decreed in the Council of Ministers. Parliament meets as of right if it is not in session.
Prorogation of a state of siege beyond fifteen days may be authorized only by Parliament; each of the two houses declaring by a simple majority of the members in office.
In case of disagreement between the two houses, the deciding vote is that of the National Assembly.
Article 106
The President of the Republic may, for the execution of his program, request authorization to take, by ordinance, for a limited period, measures normally falling within the purview of legislature.
Ordinances are made in the Council of Ministers after a possible opinion of the Constitutional Council. They enter into force as soon as they are published but become obsolete if the bill of ratification is not filed before the date set by the enabling legislation.
At the end of the period referred to in the second paragraph of this article, the ordinances may no longer be amended by the law in their provisions falling within the purview of legislature.
CHAPTER II. LEGISLATIVE PROCEDURE
Article 107
Members of Parliament have the right of amendment.
Proposals and amendments tabled by members of Parliament are not admissible if their adoption implies either a decrease in public resources or in the creation or aggravation of a public office, unless they are accompanied by a proposal for increase in equivalent revenues or savings.
Article 108
Proposals and amendments outside the purview of legislature are inadmissible. Inadmissibility is declared by the President of each house.
In case of dispute, the Constitutional Council, referred to by the President of the Republic or by at least a tenth of the parliamentarians, makes a decision within eight days of its referral.
Article 109
Draft bills and proposed bills are both tabled at the bureau of the National Assembly and Senate.
The draft bills and proposed bills are examined by the committees of each house.
A house, seized of a draft voted on by the other house, deliberates on the draft that is transmitted to it.
However, the discussion of bills brought before the first house referred to, deals with the draft presented by the President of the Republic.
Article 110
Any draft bill or proposed bill is examined successively by both houses of Parliament for the purpose of adopting an identical draft.
The draft budget bill is submitted first to the National Assembly.
Draft bills or proposed bills relating to territorial communities are submitted first to the Senate.
If, as a result of a disagreement between the two houses, a draft bill or proposed bill cannot be adopted after two readings by each house or, if the President of the Republic declares that the matter is urgent after only one reading in each house, the President of the Republic may call a meeting of the joint committee of equal representation that proposes a draft on the remaining provisions under discussion.
The draft prepared by the joint committee of equal representation may be submitted by the President of the Republic for approval by both houses. No amendment is accepted unless approved by the President of the Republic.
If the joint committee of equal representation fails to adopt a common draft or if disagreement persists between the two houses over the adoption of the draft, the President of the Republic asks the National Assembly to make a definitive decision on the draft. In this case, the National Assembly may take over either the draft prepared by the joint committee of equal representation or the last draft voted on by it, amended as necessary by one or more of the amendments adopted by the Senate.
Article 111
The Parliament votes on the appropriation bill under the conditions determined by the organic law.
Article 112
The Parliament is seized of the appropriation bill before the end of the ordinary session. The appropriation bill must provide the necessary revenues for complete coverage of expenditures.
The Parliament votes on the balanced budget.
If the National Assembly does not reach a decision at the first reading within a period of forty days after the filing of the bill, the President of the Republic refers the matter to the Senate, which makes a decision within fifteen days. It thereafter comes under the conditions prescribed in Article 110.
If the Parliament does not reach a decision within a period of seventy days, the bill may be put into force by order.
The President of the Republic, for ratification, refers to the Parliament convened in an extraordinary session, within a period of fifteen days.
If the Parliament has not voted on the budget at the end of this extraordinary session, the budget is definitively established by order.
If the appropriation bill could not be submitted in time to be promulgated before the beginning of the financial year, the President of the Republic requests Parliament’s authorization urgently to resume the budget for the previous year by the provisional one-twelfth.
Article 113
Before their promulgation, laws may be referred to the Constitutional Council by the President of the Republic, the President of the National Assembly or the President of the Senate or at least one tenth of the deputies or senators or by parliamentary groups.
Legally constituted human rights associations may also refer, to the Constitutional Council, before their promulgation, laws relating to civil liberties.
Before their promulgation, laws relating to public freedoms are transmitted to the body in charge of the defense of human rights.
Referral to the Constitutional Council suspends the time limit for promulgation.
The Constitutional Council rules within fifteen days from the date of its referral.
CHAPTER III. COMMUNICATION BETWEEN THE EXECUTIVE AND THE PARLIAMENT
Article 114
Every year, the President of the Republic delivers to the Parliament a message on the state of the Nation. This message may be read by the Vice-President of the Republic.
The message of the President of the Republic is not the subject of any debate.
Article 115
The President of the Republic communicates with the National Assembly and the Senate either directly or through messages that he had the Vice-President of the Republic read in each of the houses of Parliament.
These messages are not the subject of any debate.
CHAPTER IV. THE CONTROL OF GOVERNMENT ACTION AND ASSESSMENT OF PUBLIC POLICIES
Article 116
Members of the Government have access to the committees of Parliament. They are heard at the request of the committees.
They may be attended by commissioners of the Government.
Article 117
The Parliament is informed of government action by means of oral questions, written questions, the committee of inquiry and the assessment mission.
During the ordinary session, one session per month is reserved as a matter of priority for questions from members of each house of Parliament and replies from the President of the Republic.
The President of the Republic may delegate to the Head of Government and to the ministers the power to reply to questions from members of Parliament.
Under the circumstances, Parliament may adopt a resolution to make recommendations to the Government.
Article 118
Parliament settles the accounts of the Nation in accordance with the provisions of the appropriation law.
The discharge bill must be tabled in Parliament no later than one year after the implementation of the budget.
The Court of Auditors assists the Parliament and the Government in the supervision of the appropriation law and within its spheres of competence.
