TITLE VII. PUBLIC FINANCE
Article 217
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The finances of the Republic include two components: the national finances and the local finances. Their respective management is assured by the organs and mechanisms specified to that effect.
The Executive Power is held to specify a mode of consultation of the territorial collectivities for any procedure of interest to the local finances.
Article 218
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
No tax in favor of the State may be established except by a law. No charge, no imposition, whether departmental, whether municipal, or whether of communal section, may be established without the consent of those territorial collectivities.
Article 219
No preferential tax treatment may be established.
No tax exemption, increase, decrease or elimination may be established except by law.
Article 220
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
No pension, no gratification, no allocation, no subvention, at the charge of the Public Treasury, may be granted but by virtue of a law. The indexing of the pensions paid by the State will be established following the rhythm of the augmentation of the emoluments of the functionaries of the State.
Article 221
Subject to special provisions thereon, the holding of two or more salaried public offices at the same time is strictly forbidden, except posts in education.
Article 222
Procedures for preparation of the budget and its execution are determined by law.
Article 223
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The execution of the Law of Finance is govern by the laws on the budget and public accounting and is assured by the services specified by the law.
The control of the execution of the Law of Finance is assured by the Parliament, the Superior Court of Accounts and any other institutions specified by the law.
Article 224
National monetary policy is set by the Central Bank jointly with the Minister of Economics and Finance.
Article 225
An autonomous public agency with legal personality and financial autonomy performs the functions of a Central Bank. Its regulations are determined by law.
Article 226
The Central Bank has exclusive authority to issue as legal tender throughout the territory of the Republic, paper money representing the monetary unit, and coins, according to the name, weight, description, amount and use set by law.
Article 227
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The budget is voted by administrative entity following the classification established by the law.
Article 227-1
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 227-2
General accounts of receipts and expenditures of the Republic shall be kept by the Minister of Finance according to an accounting method established by law.
Article 227-3
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The general accounts and the budgets prescribed by the preceding Article, accompanied by the report of the Superior Court of Accounts and of the Administrative Disputes must be submitted to the Legislative Chambers by the Minister in charge of finance within the time periods established by the law.
It is the same for the annual balance sheet and for the operations of the Central Bank, as well as for all other accounts of the State.
Article 227-4
The Government fiscal year begins on October 1 of each year and ends on September 30 of the following year.
Article 228
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Each year, the Legislative Power orders:
- the account of the receipts and of the expenses of the State for the past year or the preceding years;
- the general budget of the State.
Article 228-1
However, no proposal or amendment may be introduced into the Budget when it is being voted upon, without provision of the ways and means therefore.
Article 228-2
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 229
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 230
Examination and payment of the General Administration Accounts and all accounts of public funds are effected according to the method established by law.
Article 231
If for any reason whatever the Legislative Chambers do not act upon the budget for one or more Ministerial Departments before they adjourn, the budget or budgets of the Departments concerned shall remain in force until a new budget is voted on and adopted.
Article 231-1
In the event that, through fault of the Executive Power, the Budget of the Republic has not been voted upon, the President of the Republic shall immediately call a special session of the Legislative Chambers for the sole purpose of voting on the Government budget.
Article 232
Autonomous agencies and enterprises and entities subsidized wholly or in part by the Public Treasury shall be governed by special budgets and salary and wage systems approved by the Executive Power.
Article 233
For the purpose of maintaining constant and careful supervision over Government expenditures, a fifteen-member Parliamentary Committee with nine (9) Deputies and six (6) Senators shall be elected by secret ballot at the beginning of each regular session, to report on the management Ministers, in order to enable the two (2) Assemblies to give them discharge.
This Committee may engage the services of specialists to assist it with its monitoring functions.
