The newly appointed members of the constitutional council will take their oath of office on Tuesday 6th March 2018.
The Constitutional Council shall comprise 11 (eleven) members designated for a non-renewable term of office of 9 (nine) years, according to the constitution.
The National Assembly and the Senate will jointly meet to chair the ceremony in line with constitutional prescriptions stipulated in Part III regarding legislative power.
Article 14 sub (3) b indicates that, “the two Houses shall be convened simultaneously only if the business of the day concerns both of them”.
Article 14 sub (4) adds that, “The two Houses of Parliament shall meet in congress at the request of the President of the Republic in order to:
– be addressed by or receive a message from the President of the Republic;
– receive the oath of members of the Constitutional Council;
– take a decision on a draft or proposed constitutional amendment.
The ceremony shall be presided over by Cavaye Yeguie Djibril in keeping with the constitution that states that;
“When Parliament meets in congress, the Bureau of the National Assembly shall preside over the proceedings.”
It will be first time that the Senate and the National Assembly will be meeting in congress.
The constitutional council is a legislative organ that verifies the constitutionality of laws before they are enacted by the President of the Republic.
Article 31 (1) of the constitution states, “The President of the Republic shall enact laws passed by Parliament within 15 (fifteen) days of their being forwarded to him unless he requests a second reading or refers the matter to the Constitutional Council”.
The constitutional council may also be consulted in case of a referendum.
Article 36 (1) “The President of the Republic may, after consulting with the President of the Constitutional Council, the President of the National Assembly and the President of the Senate, submit to a referendum any reform bill which, although normally reserved to the Legislative Power, could have profound repercussions on the future of the Nation and national institutions.
The council also has the powers to delay the ratification of treaties or agreements if it deems unconstitutional.
Article 44, “Where the Constitutional Council finds a provision of a treaty or of an international agreement unconstitutional, authorization to ratify and the ratification of the said treaty or agreement shall be deferred until the Constitution is amended.”
Elvis Teke
