Constitution

Djibouti 1992 Constitution (reviewed 2010)

Table of Contents

TITLE V. OF THE RELATIONS BETWEEN THE LEGISLATIVE POWER AND THE EXECUTIVE POWER

Article 55

The National Assembly exercises the legislative power. It alone votes the law by simple majority, under reserve of the provisions of Article 67.

Article 56

The laws establishes the rules concerning:

  • the organization of the public powers;
    the distribution of the competences between the State and the local collectivities as well as the creation of offices, of public establishments, and of national companies or enterprises;

    the enjoyment and the exercise of the civil and civic rights, nationality, the estate and the security of persons, the organization of the family, the regime of property and of inheritance and of the law of obligations;

    the fundamental guarantees accorded to the citizens for the exercise of their public freedoms and the requirements imposed by the national defense;

    the electoral regime;

    the fundamental guarantees accorded to the civil and military functionaries;

    the determination of crimes and misdemeanors and the penalties applicable to them, the criminal procedure, amnesty, the judicial organization, the status of judges, of the ministerial officers and of the juridical and judiciary professions and the organization of the prison regime;

    the general principles of education;

    the fundamental principles of the right to work, of the syndical right and of social security;

    the basis, rates and the modalities of collecting taxes of any nature;

    the regime of issuance of money, of credit, and of banks and of insurance.

Article 57

The matters other than those that are of the domain of the law by virtue of this Constitution belong to the regulatory power.

The texts of legislative form intervening in these matters can be modified by decree if the Constitutional Council, at the demand of the President of the Republic, declares that they have a regulatory character by virtue of the preceding paragraph.

Article 58

The initiative of law belongs concurrently to the President of the Republic and to the members of the National Assembly.

The President of the Republic and the Deputies have the right of amendment.

Article 59

The proposals, Bills and amendments which are not of the domain of the law are irreceivable. The irreceivability is declared by the President of the National Assembly after the deliberation of the Bureau.

In case of dispute, the Constitutional Council, referred to the matter by the President of the National Assembly or the President of the Republic decides in a time of twenty days.

Article 60

The Government periodically renders account on its activity action and its management to the National Assembly.

The National Assembly has for the exercise of its rights of information and control, the following means:

  1. oral or written questions;
  2. parliamentary commissions of inquiry;
  3. interpellation of the Government;
  4. the annual debate on the state of the Nation.

One sitting per two weeks is reserved by priority to the questions of the Deputies to the members of the Government.

The procedure of interpellation of the Government or of one or of several Ministers may only intervene at the initiative of at least ten Deputies. It is made the object of a special sitting, on a date established by the Bureau of the Assembly.

The debate can be followed by a vote of the Assembly on the resolution proposed by the authors of the interpellation.

At the opening of each session, the Prime Minister makes a report to the Assembly on the situation of the country, the achievements of the Government and the grand orientations of the governmental policy. His presentation is followed by a debate.

The internal regulations of the National Assembly specify the conditions for the implementation of these different procedures.

Article 61

The declaration of war is authorized by the National Assembly meeting specially to this effect. The President of the Republic informs the Nation of it by a message.

The state of siege and the state of urgency are decreed in the Council of Ministers.

The prolongation of the state of siege or the state of urgency beyond fifteen days may not be authorized without the prior consent of the National Assembly.

Article 62

The peace treaties, the commercial treaties, the treaties or agreements concerning international organizations, the which treaties engage the finances of the State, those which concern the status of persons, and those which involve cession, exchange or acquisition of territory may only be ratified or approved by virtue of a law.

The ratification or the approval of an international engagement containing a clause contrary to the provisions of this Constitution may intervene only after the revision of it.

No cession, no acquisition of territory is valid without the consent of the people who decide by means of referendum.

Article 63

The President of the Republic can, on his demand, be heard by the National Assembly or address messages to it. These communications do not give rise to any debate in his presence.

Article 64

The members of the Government have access to the sittings of the National Assembly. They are heard at the demand of a Deputy, of a Commission or at their own demand.

Article 65

The Laws of Finance determine the receipts and the expenditures of the State.

The regulatory laws control the execution of the Laws of Finance, under reserve of subsequent auditing of the accounts of the Nation by the Court of Accounts.

The program laws establish the objectives of the economic and social action of the State.

Article 66

The laws to which Constitution confers the character of organic laws may only be adopted with the absolute majority of members of the National Assembly, and may only be promulgated after declaration by the Constitutional Council of their conformity with the Constitution.

Article 67

The agenda of the Assembly is established by the Conference of Presidents composed of the President of the Assembly, of the Vice Presidents of the Bureau, of the Presidents of the Parliamentary Groups, of the Presidents of the Commissions and of the Rapporteur-General of the Commission of Finance.

A representative of the Government participates in the work of this Conference.

Only texts arising from its competence by virtue of Article 57 may be included in the agenda of the National Assembly.

The agenda includes, by priority and in the order that the Government has established, the discussion of the Bills of law and of the proposals of law that it has accepted. It may not be modified.

Urgency is of right when it is demanded by the Government.

Article 68

The proposals of law and amendments which would have for an effect, if they were adopted, either a diminution of the public resources, or an increase of the public obligations without a concurrent reduction of other expenses or creation of new receipts of equal amount , are irreceivable.

Article 69

The Law of Finance determines the resources and the obligations of the State.

The National Assembly is referred to the matter of the Bill of the Law of Finance of the year (Budget of the State) from the opening of the ordinary session preceding the budgetary period and in any case before 15 November. The Bill of the Law of Finance must provide for the receipts necessary for complete coverage of the expenditures.

The Bill of the Law of Finance is voted at the latest in first reading within the time of thirty-five days following its deposit. In case of rejection or amendment, a second reading can be demanded.

If the budget is not voted before 1 January, the President of the Republic is authorized to re-implement the budget for the previous year by provisional twelfths.

The budget may only be adopted in plenary session.