Interaction between the Cabinet and the National Assembly

Article 70: The law shall be voted on by a simple majority in the National Assembly. However, laws to which the present Constitution confers the characteristics of an organizational law shall be voted on in the following conditions:  
  • the proposal or project may only be subjected to deliberation and vote of the National Assembly after the end of a fifteen-day time period following its deposit in the office of the National Assembly: the text may only be adopted by an absolute majority of the members composing the National Assembly. Organizational laws may only be promulgated after a declaration of  the Constitutional Court of their conformity to the Constitution. Law shall establish regulations concerning:
  • civic rights and fundamental guaranties provided to citizens so they may exercise their public liberties, constraints imposed by the National Defense on themselves and their possessions;
  • nationality, civic rights, state and capacity of people, marriage, inheritance and donations, property system, actual rights and civic and commercial obligations, factions of society, expropriation;
  • crimes and offenses in addition to their applicable penalties, criminal procedure, police judiciary, extradition, amnesty, the creation of jurisdictions, the status of Ministerial Officers, the status of juridical and judicial Professions;
  • the status of civil servants;
  • the general status of the personnel of the Armed forces;
  • the system of distribution of money, the tax base, taxes and methods of collection. Law shall equally determine the fundamental principles.
  • the general organization of the defense and national security;
  • the right to work, social security, the right to form unions;
  • the organization and competency of professional orders;
  • education and research;
  • the protection of cultural heritage and archaeology;
  • public compatibility;
  • the creation, organization and control of public services and organizations;
  • the nationalization of enterprises, denationalization and transfer of property of enterprises from the public sector to the private sector;
  • the electoral system;
  • the free administration of local collectives, their competence and their resources;
  • the administrative organization of the national territory;
  • the management and alienation of the State’s domain;
  • the organization of the national product;
  • the organization of the justice system;
  • the penitentiary system
The law of the Treasury shall determine resources and the government expenditures. The budget must be adopted by the National Assembly. It shall establish the objectives of the economic and social actions of the State.

Article 71:
Declaration of war shall be authorized by the National Assembly in a special meeting for that purpose. The President of the Republic shall then inform the nation by an announcement.

Article 72:
States of emergency and states of siege shall be declared in the Council of Ministers. Their extension beyond ten days may only be authorized by the National Assembly. Law shall determine the conditions.

Article 73:
Other matters than those which are of the domain of the judiciary shall have a statutory makeup. Bills of legislative form arising before ratification of the present Constitution may be modified by decree following judgement of the Supreme Court. Such bills which arise after ratification of the present Constitution may only be modified by decree if the Constitutional Court has declared that they are of statutory make-up according to the preceding paragraph.

Article 74:
The Cabinet may, in the execution of its functions, or within its domain as established by law, request Parliamentary authorization to take by Ordinance, during a limited time period, measures which are normally the domain of the law. These Ordinances must come from the Council of Ministers following the opinion of the Supreme Court. They shall come into effect as soon as they are adopted, but shall become null and void if they are not ratified by the National Assembly before the date established by their own qualification. At the expiration of the time period mentioned in the previous paragraph of the present Article, Ordinances may only be modified by law on matters which are in the legislative domain.

Article 75:
The initiation of laws belongs concurrently to the Cabinet and to the members of the National Assembly. Legal proposals shall be deliberated in the Council of Ministers following the opinion of the Constitutional Court and shall be presented to the office of the National Assembly.

Article 76:
The members of the National Assembly and the Cabinet have the right to make amendments. After the opening of debate, the Cabinet may oppose any amendment that was not previously submitted to it.

Article 77:
The National Assembly shall address the budget as soon as the normal session proceeding the budgetary period commences. The budget must plan for the necessary formula to cover the expenses. If the National Assembly is not established at the time of the commencement of the budgetary period or if it does not vote-in a budget, the Cabinet shall return the budget in the fifteen day period when the National Assembly meets in special session for this reason. The National Assembly must then decide in eight days. If this deliberation does not result in a voted-in budget, the task shall then be taken up by the Cabinet based on the formula of the previous result and following the opinion of the Supreme Court.

Article 78:
The Prime Minister, after deliberation of the Council of Ministers shall discuss the responsibility of the Cabinet within the National Assembly’s plan either before the Assembly or by a declaration of the general politics of the Cabinet. The National Assembly shall defeat action of the Cabinet by passing a vote of no confidence. Such a motion is only admissible if it is signed by at least one tenth of the members of the National Assembly. A vote must take place within forty-eight hours of the motion. Those who are polled to be in favor of the vote of no confidence may only come from the majority of the two tiers of the members composing the Assembly. If the motion of the vote of no confidence is rejected, the signers may not propose a new motion within the course of the same session. The Prime Minister may, after deliberation with the Council of Ministers, engage the liability of the Cabinet before the National Assembly regarding the vote on a bill. In this case, the bill is considered to be adopted, unless a motion of no confidence, made in the next twenty-four hours, is voted-in.

Article 79:
When the National Assembly adopts a new motion of no confidence or when it disapproves of the plan or a declaration of the general politics of the Cabinet, the Prime Minister must submit to the President of the Republic the resignation of the Cabinet.  

Article 80:
The adjournment of normal or special sessions may be delayed to allow, should the case be such, for the application of the elements of Article 78.