Law No. 2001-03 of January 22, 2001 on the Constitution, amended
(JORS, special issue 5963 of January 22, 2001, p. 27)
PREAMBLE
The sovereign People of Senegal,
DEEPLY attached to its fundamental cultural values which constitute the cement of national unity;
CONVINCED of the will of all citizens, men and women, to assume a common destiny through solidarity, work and patriotic commitment;
CONSIDERING that national construction is based on individual freedom and respect for the human person, sources of creativity;
AWARE of the need to affirm and consolidate the foundations of the Nation and the State;
ATTACHED to the ideal of African unity:
AFFIRMS:
– its adherence to the Declaration of the Rights of Man and of the Citizen of 1789 and to the international instruments adopted by the United Nations Organization and the Organization of African Unity, in particular the Universal Declaration of Human Rights of 10 December 1948, the Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, the Convention on the Rights of the Child of 20 November 1989 and the African Charter of Human Rights and Peoples of June 27, 1981;
– its attachment to transparency in the conduct and management of public affairs and to the principle of good governance;
– his determination to fight for peace and brotherhood with all the peoples of the world;
PROCLAIMS:
– the intangible principle of the integrity of the national territory and of national unity in respect of the cultural specificities of all the components of the Nation;
– the inalterability of national sovereignty which is expressed through transparent and democratic procedures and consultations;
– the separation and balance of powers designed and exercised through democratic procedures;
– respect for fundamental freedoms and citizens’ rights as the basis of Senegalese society;
– respect for and consolidation of the rule of law in which the State and citizens are subject to the same legal standards under the control of an independent and impartial judiciary;
– access for all citizens, without discrimination, to the exercise of power at all levels;
– equal access for all citizens to public services;
– the rejection and elimination, in all their forms, of injustice, inequality and discrimination;
– Senegal’s desire to be a modern state that operates according to fair and equitable play between a governing majority and a democratic opposition, and a state that recognizes this opposition as a fundamental pillar of democracy and an essential cog in the wheel for proper functioning the democratic mechanism;
APPROVES AND ADOPTS THIS
CONSTITUTION WHOSE PREAMBLE
IS AN INTEGRAL PART.
Constitution of Senegal
TITLE ONE
STATE AND SOVEREIGNTY
First article
The Republic of Senegal is secular, democratic and social. It ensures equality before the law for all citizens, without distinction of origin, race, sex or religion. She respects all beliefs.
The official language of the Republic of Senegal is French. The national languages are Diola, Malinké, Pular, Sérère, Soninké, Wolof and any other national language that will be codified.
The motto of the Republic of Senegal is: “One People – One Goal – One Faith”.
The flag of the Republic of Senegal is made up of three vertical and equal stripes, colored green, gold and red. It bears, in green, in the center of the gold band, a five-pointed star.
The law determines the seal and the national anthem.
The principle of the Republic of Senegal is: government of the people by the people and for the people.
Section 2
The capital of the Republic of Senegal is Dakar. It can be transferred to any other place in the national territory.
Section 3
National sovereignty belongs to the Senegalese people who exercise it through their representatives or through a referendum.
No section of the people, nor any individual, can claim the exercise of sovereignty.
Suffrage can be direct or indirect. it is always universal, equal and secret.
All Senegalese nationals of both sexes, aged 18, enjoying their civil and political rights, are electors under the conditions determined by law.
Section 4
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article modifying and replacing Article 4 of the Constitution.
“Political parties and coalitions of political parties contribute to the expression of suffrage under the conditions laid down by the Constitution and by law. They work to train citizens, promote their participation in national life and in the management of public affairs.
The Constitution guarantees independent candidates participation in all types of election under the conditions defined by law.
Political parties and coalitions of political parties, as well as independent candidates, are bound to respect the Constitution as well as the principles of national sovereignty and democracy. They are forbidden to identify with a race, an ethnic group, a sex, a religion, a sect, a language or part of the territory.
Political parties are also required to strictly respect the rules of good associative governance under penalty of sanctions that may lead to suspension and dissolution.
The Constitution guarantees equal rights to political parties, including those which oppose the policy of the Government in place.
The rules for the constitution, suspension and dissolution of political parties, the conditions under which they carry out their activities and benefit from public funding are determined by law”.
Section 5
Any act of racial, ethnic or religious discrimination, as well as any regionalist propaganda which may harm the internal security of the State or the integrity of the territory of the Republic are punishable by law.
Section 6
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 revising the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article modifying and replacing Article 6 of the Constitution.
“The Institutions of the Republic are:
– the president of the Republic ;
– the National Assembly ;
– the government ;
– the High Council of Territorial Communities;
– the Economic, Social and Environmental Council;
– the Constitutional Council, the Supreme Court, the Court of Auditors and the Courts and Tribunals”.
TITLE II
Article 2 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article modifying the title of TITLE II of the Constitution.
“FUNDAMENTAL RIGHTS AND FREEDOMS AND DUTIES OF CITIZENS”
Section 7
The human person is sacred. It is inviolable. The State has the obligation to respect and protect it.
Every individual has the right to life, to liberty, to security, to the free development of his personality, to bodily integrity, in particular to protection against all physical mutilation.
The Senegalese people recognize the existence of inviolable and inalienable human rights as the basis of any human community, of peace and justice in the world.
All human beings are equal before the law. Men and women are equal in law.
Sole article of Constitutional Law No. 2008-30 of August 7, 2008, amending Articles 7, 63, 68, 71 and 82 of the Constitution (JORS special number 6420 of August 8, 2008, p. 752), paragraph inserted by this single item. “ The law promotes equal access of women and men to mandates and functions”.
There is in Senegal neither subject, nor privilege of place of birth, person or family.
Section 8
The Republic of Senegal guarantees to all citizens fundamental individual freedoms, economic and social rights as well as collective rights. These freedoms and rights include:
– civil and political freedoms: freedom of opinion, freedom of expression, freedom of the press, freedom of association, freedom of assembly, freedom of movement, freedom of demonstration,
§ cultural freedoms,
§ religious freedoms,
§ philosophical freedoms,
§ trade union freedoms,
§ freedom of enterprise,
§ the right to education,
§ the right to know how to read and write,
§ the right to property,
§ the right to work,
§ the right to health,
§ the right to a healthy environment,
§ the right to plural information,
These freedoms and rights are exercised under the conditions provided for by law.
Section 9
Article 1 of Constitutional Law No. 2008-33 of August 7, 2008 (JORS, special number 6420 of August 8, 2008, p. 754), article amending Articles 9 and 95 and supplementing Articles 62 and 92 of the Constitution.
“Any violation of freedoms and any voluntary obstruction of the exercise of a freedom are punishable by law.
No one can be sentenced except by virtue of the entry into force before the act committed.
NB: The unfortunate wording of this paragraph results from Constitutional Law No. 2008-33 of August 7, 2008 (JORS, special number 6420 of August 8, 2008, p. 754)
However, the provisions of the preceding paragraph do not preclude the prosecution, trial and conviction of any individual for acts or omissions which, at the time they were committed, were considered criminal after the rules of international law relating to acts of genocide, crimes against humanity, war crimes.
The defense is an absolute right in all States and at all stages of the procedure”.
Section 10
Everyone has the right to freely express and disseminate their opinions by word, pen, image, peaceful march, provided that the exercise of these rights does not undermine the honor and consideration of others, nor to public order.
Section 11
The creation of a press organ for political, economic, cultural, sporting, social, recreational or scientific information is free and is not subject to any prior authorisation.
The press regime is established by law.
Section 12
All citizens have the right to freely form associations, economic, cultural and social groups as well as companies, subject to complying with the formalities laid down by laws and regulations.
Groups whose purpose or activity is contrary to criminal laws or directed against public order are prohibited.
Section 13
The secrecy of correspondence, postal, telegraphic, telephone and electronic communications is inviolable. A restriction on this inviolability may only be ordered in application of the law.
Section 14
All citizens of the Republic have the right to move and settle freely both throughout the national territory and abroad.
These freedoms are exercised under the conditions provided for by law.
Section 15
The right to property is guaranteed by this Constitution. It may only be infringed in the case of legally established public necessity, subject to fair and prior compensation.
The man and the woman also have the right to accede to the possession and the ownership of the ground under the conditions determined by the law.
Section 16
The home is inviolable.
A search can only be ordered by the judge or by the other authorities designated by law. Searches can only be carried out in the forms prescribed by it. Measures undermining or restricting the inviolability of the home may only be taken to ward off a collective danger or to protect persons in danger of death.
These measures may also be taken, in application of the law, to protect public order against imminent threats, particularly to combat the risk of epidemics or to protect young people in danger.
MARRIAGE AND FAMILY
Section 17
Marriage and the family constitute the natural and moral basis of the human community. They are placed under the protection of the State.
The State and the public authorities have the duty to watch over the physical and moral health of the family and, in particular, of the disabled and the elderly.
The State guarantees families in general and those living in rural areas in particular access to health and welfare services. It also guarantees women in general and those living in rural areas in particular the right to have their living conditions alleviated.
Section 18
Forced marriage is a violation of individual liberty. It is prohibited and punished under the conditions set by law.
Section 19
The wife has the right to have her own patrimony like the husband. She has the right to personal management of her property.
Section 20
Parents have the natural right and duty to bring up their children. They are supported in this task by the State and public authorities.
The youth is protected by the State and the public collectivities against exploitation, drugs, narcotics, moral abandonment and delinquency.
EDUCATION
Rule 21
The State and the public collectivities create the preconditions and the public institutions which guarantee the education of children.
Section 22
The State has the duty and the responsibility for the education and training of youth through public schools.
All children, boys and girls, everywhere in the national territory, have the right to go to school.
Religious or non-religious institutions and communities are also recognized as means of education.
All national institutions, public or private, have a duty to provide literacy to their members and to participate in the national literacy effort in one of the national languages.
Section 23
Private schools can be opened with the authorization and under the control of the State.
RELIGIONS AND RELIGIOUS COMMUNITIES
Section 24
Freedom of conscience, freedoms and religious or worship practices, the profession of religious educator are guaranteed to all subject to public order.
Religious institutions and communities have the right to develop without hindrance. They are released from the supervision of the State. They regulate and administer their affairs independently.
WORK
Rule 25
Everyone has the right to work and the right to seek employment. No one may be harmed in their work because of their origins, sex, opinions, political choices or beliefs. The worker can join a union and defend his rights through union action.
Any discrimination between men and women with regard to employment, salary and tax is prohibited.
The freedom to create trade union or professional associations is recognized for all workers.
The right to strike is recognized. It is exercised within the framework of the laws which govern it. It can in no case affect the freedom to work, nor put the company in danger.
All workers participate, through their representatives, in determining working conditions in the company. The State sees to the health and human conditions in the workplaces.
Specific laws establish the conditions of assistance and protection that the State and the company grant to workers.
Article 3 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article adding Articles 25-1, 25-2 and 25- 3 after article 25 .
“Rule 25-1
Natural resources belong to the people. They are used to improve their living conditions.
The exploitation and management of natural resources must be done transparently and in a way that generates economic growth, promotes the well-being of the population in general and is environmentally sustainable.
The State and local authorities have an obligation to ensure the preservation of land assets.
Section 25-2
Everyone has the right to a healthy environment.
The defence, preservation and improvement of the environment are the responsibility of the public authorities.
Public authorities have an obligation to preserve and restore essential ecological processes, to provide for the responsible management of species and ecosystems, to preserve the diversity and integrity of the genetic heritage, to require environmental assessment for plans, projects or programs, to promote environmental education and to ensure the protection of populations in the development and implementation of projects and programs with significant social and environmental impacts.
Section 25-3
All citizens are required to scrupulously respect the Constitution, laws and regulations, in particular, to fulfill their civic duties and to respect the rights of others. He must see to it that he fulfills his fiscal obligations and participates in the work of economic and social development of the Nation.
Every citizen has the duty to defend the fatherland against any aggression and to contribute to the fight against corruption and embezzlement.
Every citizen has the duty to respect and ensure respect for the public good, but also to abstain from all acts likely to compromise public order, security, health and tranquility.
Every citizen has the duty to preserve the country’s natural resources and environment and to work for sustainable development for the benefit of present and future generations.
Every citizen has the duty to register in the civil status the acts concerning him and those relating to his family under the conditions determined by law”.
TITLE III
OF THE PRESIDENT OF THE REPUBLIC
Rule 26
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article modifying and replacing article 26 .
“The President of the Republic is elected by direct universal suffrage and by an absolute majority of the votes cast”.
Rule 27
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article modifying and replacing article 27.
“The term of office of the President of the Republic is five years.
No one may serve more than two consecutive terms.
Section 28
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article modifying and replacing article 28.
“Any candidate for the Presidency of the Republic must be exclusively of Senegalese nationality, enjoy his civil and political rights, be at least thirty-five (35) years old and seventy-five (75) years old at the most on the day of the ballot. He must be able to write, read and speak the official language fluently”.
Section 29
Single article of Constitutional Law No. 2018-14 of May 11, 2018 amending the Constitution (JORS, No. 7094 of May 12, 2018, p. 551), single article giving a new wording to Article 29 of the Constitution .
“Candidatures are submitted to the registry of the Constitutional Council, sixty clear days at least and seventy-five clear days at most before the first round of the ballot.
However, in the event of the death of a candidate, the filing of new candidatures is possible at any time and until the day before the ballot.
In this case, the elections are postponed to a new date by the Constitutional Council.
Candidatures are presented by a legally constituted political party or coalition of political parties or by an entity comprising independent persons.
To be admissible, any candidacy must be accompanied by the signature of voters representing at least 0.8% and at most 1% of the general electoral roll.
These voters must be domiciled in at least seven regions at the rate of at least two thousand per region.
A voter can only sponsor one candidate.
The procedures for monitoring sponsorship lists are set by law.
Independent candidates, like political parties, are required to comply with Article 4 of the Constitution. Each party or coalition of parties can present only one candidate”.
Rule 30
Single article of Constitutional Law No. 2018-14 of May 11, 2018 amending the Constitution (JORS, No. 7094 of May 12, 2018, p. 551), single article giving a new wording to Article 30 of the Constitution .
“Thirty-five full days before the first round of the ballot, the Constitutional Council decides and publishes the list of candidates.
Voters are summoned by decree.
Section 31
The ballot for the election of the President of the Republic takes place forty-five clear days at most and thirty clear days at least before the date of the expiration of the mandate of the President of the Republic in office.
If the Presidency is vacant, by resignation, permanent incapacity or death, the ballot will take place within sixty days at least and ninety days at most, after the finding of the vacancy by the Constitutional Council.
Section 32
The Courts and Tribunals see to the regularity of the electoral campaign and to the equality of the candidates for the use of the means of propaganda, under the conditions determined by an organic law.
Section 33
Single article of Constitutional Law No. 2018-14 of May 11, 2018 amending the Constitution (JORS, No. 7094 of May 12, 2018, p. 551), single article giving a new wording to Article 33 of the Constitution .
“The ballot takes place on a Sunday under the conditions laid down by law.
No one is elected in the first round if he has not obtained an absolute majority of the votes cast. If no candidate has obtained the required majority, a second ballot is held on the second Sunday following the decision of the Constitutional Council.
The two candidates who came first in the first round are admitted to this second round.
In case of dispute, the second round takes place on the second Sunday following the day of the pronouncement of the decision of the Constitutional Council.
In the second round, the relative majority is enough to be elected.
Section 34
Sole article of Constitutional Law No. 2007-19 of February 19, 2007, amending Article 34 of the Constitution (JORS of February 19, 2007, p. 2210), article repealing and replacing the first paragraph . “ In the event of permanent impediment or withdrawal of one of the candidates between the stoppage of publication of the list of candidates and the first round, the election is continued with the other candidates in the running. The Constitutional Council modifies the list of candidates accordingly. The date of the poll is maintained.
In the event of the death, definitive incapacity or withdrawal of one of the two candidates who came first between the ballot in the first round and the provisional proclamation of the results, or between this provisional proclamation and the definitive proclamation of the results of the first round by the Constitutional Council, the next candidate in the order of the votes is allowed to stand in the second round.
In the event of the death, permanent impediment or withdrawal of one of the two candidates who came first between the proclamation of the final results of the first round and the ballot for the second round, the next candidate on the list of results of the first round is admitted. in the second round.
In the preceding cases, the Constitutional Council declares the death, the permanent impediment or the withdrawal and sets a new date for the ballot.
In the event of the death, definitive incapacity or withdrawal of one of the two candidates who came first according to the provisional results of the second round, and before the proclamation of the definitive results of the second round by the Constitutional Council, the only remaining candidate is declared elected.
Section 35
The Courts and Tribunals see to the regularity of the ballot under the conditions determined by an organic law.
The regularity of the electoral operations may be contested by one of the candidates before the Constitutional Council within seventy-two hours following the provisional proclamation of the results by a national commission for the tallying of the votes instituted by an organic law.
If no dispute has been lodged within the deadlines with the registry of the Constitutional Council, the Council immediately announces the final results of the ballot.
In the event of a dispute, the Board shall rule on the claim within five clear days of its filing. Its decision carries definitive proclamation of the poll or cancellation of the election.
In the event of cancellation, a new ballot is held within the following twenty-one clear days.
Section 36
The elected President of the Republic takes office after the definitive proclamation of his election and the expiration of the mandate of his predecessor.
The President of the Republic in office remains in office until the installation of his successor.
In the event that the elected President of the Republic dies, finds himself definitively incapacitated or renounces the benefit of his election before taking office, new elections are held under the conditions provided for in Article 31.
Rule 37
The President of the Republic is installed in his functions after having taken the oath before the Constitutional Council in public session.
The oath is taken in the following terms:
“Before God and before the Senegalese Nation, I swear to faithfully fulfill the office of President of the Republic of Senegal, to observe as to have scrupulously observe the provisions of the Constitution and the laws, to devote all my strength to defending the constitutional institutions, territorial integrity and national independence, and finally to spare no effort for the achievement of African unity”.
The newly elected President of the Republic makes a written declaration of assets filed with the Constitutional Council, which makes it public.
Section 38
The office of President of the Republic is incompatible with belonging to any elective assembly, National Assembly or local assemblies, and with the exercise of any other remunerated function, public or private.
However, he has the ability to exercise functions in a political party or to be a member of academies in one of the fields of knowledge.
Section 39
Article 4 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article giving a new wording to Article 39 .
“In the event of resignation, impediment or death, the President of the Republic is replaced by the President of the National Assembly.
In the event that the latter is himself in one of the above cases, the replacement is ensured by one of the vice-presidents of the National Assembly in the order of precedence”.
Section 40
During the duration of the substitution, the provisions of articles 49, 51, 86, 87 and 103 are not applicable.
Section 41
The resignation, incapacity or death of the President of the Republic are noted by the Constitutional Council referred to by the President of the Republic in the event of resignation, by the authority called upon to replace him in the event of incapacity or death.
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 revising the constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article replacing the words “President of the Senate” with the words “President of the National Assembly”. The same applies to the acknowledgment of the resignation, incapacity or death of the “President of the National Assembly” or of the persons called upon to replace him.
Section 42
The President of the Republic is the guardian of the Constitution. He is the first Protector of Arts and Letters of Senegal.
He embodies national unity.
He is the guarantor of the regular functioning of the institutions, of national independence and of the integrity of the territory.
It determines the policy of the Nation.
He chairs the Council of Ministers.
Section 43
The President of the Republic signs ordinances and decrees.
Article 2 of Constitutional Law No. 2009-22 of June 19, 2009 establishing a post of Vice-President of the Republic (JORS, special issue of June 19, 2009, p. 651), article adding “26, paragraphs 2 to 5” before 45. The acts of the President of the Republic, with the exception of those he performs by virtue of Articles “26, paragraphs 2 to 5” (reference to be deleted, since Article 26 no longer includes since the 2016 reform paragraphs 2 to 5) , 45, 46, 47, 48, 49 paragraph 1, 52, 74, 76 paragraph 2, 78, 79, 83, 87, 89 and 90 are countersigned by the Prime Minister.
Section 44
The President of the Republic appoints to civil posts.
Section 45
The President of the Republic is responsible for National Defense. He chairs the Superior Council of National Defense and the National Security Council.
He is the Supreme Commander of the Armies; he appoints to all military posts and disposes of the armed force.
Section 46
The President of the Republic accredits ambassadors and extraordinary envoys to foreign powers.
The ambassadors and extraordinary envoys of foreign powers are accredited to him.
Rule 47
The President of the Republic has the right to pardon.
Section 48
The President of the Republic can address messages to the Nation.
Rule 49
The President of the Republic appoints the Prime Minister and puts an end to his functions.
On the proposal of the Prime Minister, the President of the Republic appoints the Ministers, fixes their attributions and puts an end to their functions.
Section 50
Article 3 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article deleting after “certain powers” the words “to the Vice-President » . The President of the Republic may delegate by decree certain powers to the Prime Minister or to other members of the Government, with the exception of the powers provided for in Articles 42, 46, 47, 49, 51, 52, 72, 73, 87, 89 and 90. .
He can also authorize the Prime Minister to take decisions by decree.
Section 51
Article 4 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article deleting the references “to the President of the Senate” introduced by the law constitutional n ° 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387). The President of the Republic may, after obtaining the opinion of the President of the National Assembly and of the Constitutional Council, submit any draft constitutional law to referendum.
He may, on the proposal of the Prime Minister and after obtaining the opinion of the authorities indicated above, submit any bill to referendum.
The Courts and Tribunals ensure the regularity of referendum operations. The Constitutional Council proclaims the results.
Section 52
When the institutions of the Republic, the independence of the Nation, the integrity of the national territory or the execution of international commitments are seriously and immediately threatened, and the regular functioning of public powers or institutions is interrupted , the President of the Republic has exceptional powers.
He can, after having informed the Nation by a message, take any measure tending to restore the regular functioning of the public powers and institutions and to ensure the safeguard of the Nation.
He cannot, by virtue of the exceptional powers, carry out a constitutional revision.
Article 5 of Constitutional Law No. 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article modifying the fourth, fifth and sixth paragraphs.
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article substituting the words “ National Assembly ” for the word “ Parliament ” introduced by the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate ( JORS of March 10, 2007, p. 2387). “The National Assembly” meets as of right.
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article substituting the words “ National Assembly ” for the word “ Parliament ” introduced by the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate ( JORS of March 10, 2007, p. 2387). “It is seized” (read it is seized, with regard to the National Assembly) for ratification, within fifteen days of their promulgation, of the measures of a legislative nature put into force by the President. ” He ” (read it, in the case of the National Assembly) may amend or reject them on the occasion of the vote on the ratification law. These measures become null and void if the ratification bill is not tabled with the office of the National Assembly within the said period.
Article 5 of Constitutional Law No. 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article modifying the fourth, fifth and sixth paragraphs . “The National Assembly” cannot be dissolved during the exercise of exceptional powers. When these are exercised after the dissolution of the National Assembly, the date of the polls fixed by the decree of dissolution cannot be postponed, except in cases of force majeure ascertained by the Constitutional Council”.
TITLE IV
GOVERNMENT
Section 53
The Government comprises the Prime Minister, Head of Government, and the Ministers.
The Government conducts and coordinates the policy of the Nation under the direction of the Prime Minister. He is responsible to the President of the Republic and to the National Assembly under the conditions provided for by Articles 85 and 86 of the Constitution.
Section 54
The quality of member of the Government is incompatible with a parliamentary mandate and any paid public or private professional activity.
The methods of application of this article are fixed by an organic law.
Section 55
After his appointment, the Prime Minister makes his general policy statement before the National Assembly. This declaration is followed by a debate which may, at the request of the Prime Minister, give rise to a vote of confidence.
In the event of a vote of confidence, this is granted by an absolute majority of the members of the National Assembly.
Section 56
The Government is a collegial and united institution. The resignation or termination of office of the Prime Minister entails the resignation of all the members of the Government.
Section 57
The Prime Minister disposes of the administration and appoints to the civil offices determined by the law.
It ensures the execution of the laws and has the regulatory power subject to the provisions of article 43 of the Constitution.
The regulatory acts of the Prime Minister are countersigned by the members of the Government responsible for their execution.
The Prime Minister chairs the Interministerial Councils. He presides over ministerial meetings or appoints a Minister for this purpose.
He may delegate some of his powers to Ministers.
TITLE V
OF THE OPPOSITION
Section 58
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article modifying and replacing article 58.
“The Constitution guarantees political parties that oppose Government policy the right to oppose.
The Constitution guarantees the opposition a status that allows it to carry out its missions.
The law defines this status and lays down the rights and duties relating thereto as well as those of the Leader of the Opposition”.
TITLE VI
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012 p. 1187), article giving TITLE VI the title “ OF THE NATIONAL ASSEMBLY ” replacing the title “ Parliament ” introduced by Constitutional Law No. 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387).
“OF THE NATIONAL ASSEMBLY”
Section 59
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article modifying and replacing article 59.
“The Representative Assembly of the Republic of Senegal bears the name of National Assembly. It exercises legislative power. It votes, alone, the law, controls the action of the Government and evaluates public policies.
Members of the National Assembly bear the title of Deputy.
Deputies are elected by direct universal suffrage. Their term of office is five years. It can only be shortened by dissolution of the National Assembly.
The Senegalese abroad elect deputies.
The courts and tribunals see to the regularity of the electoral campaign and the ballot under the conditions determined by an organic law.
An organic law fixes the number of the members of the National Assembly, their allowances, the conditions of eligibility, the system of ineligibilities and incompatibilities”.
Section 60
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article modifying and replacing article 60.
“Any deputy who resigns from his party during the legislature is automatically stripped of his mandate. It is replaced under the conditions determined by an organic law”.
Section 61
Article 10 of the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article giving a new wording to article 61.
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012 p. 1187), article substituting the words “of the National Assembly” for the words “of the Parliament” .
No member “of the National Assembly” may be prosecuted, investigated, arrested, detained or judged on the occasion of the opinions or votes expressed by him in the exercise of his functions.
No member “of the National Assembly” may, during the duration of the sessions, be prosecuted or arrested, in criminal or correctional matters, without the authorization of the assembly to which he belongs.
A member “of the National Assembly” may, out of session, be arrested only with the authorization of the office of the assembly to which he belongs, except in the case of a crime or flagrant offense as provided for in paragraph precedent or final criminal conviction.
The prosecution of a member “of the National Assembly” or his detention as a result of this prosecution is suspended if the assembly to which he belongs so requires.
The member “of the National Assembly” who is the subject of a final criminal conviction is removed from the list of parliamentarians at the request of the Minister of Justice.
Section 62
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article modifying and replacing article 62.
“The organic law on the Internal Regulations of the National Assembly determines:
– the composition, the operating rules of the office, as well as the powers, prerogatives and term of office of its President;
– the number, method of designation, composition, role and competence of its permanent committees, without prejudice to the right of the National Assembly to create temporary special committees;
– the organization of the administrative services placed under the authority of the President of the Assembly, assisted by an administrative secretary general;
– the conditions for the constitution of parliamentary groups and the affiliation of deputies to said groups;
– the disciplinary system for its members;
– the various voting methods, excluding those expressly provided for by the Constitution;
– in general, all the rules having as their object the functioning of the National Assembly within the framework of its constitutional competence”.
Section 63
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article modifying article 63 as already modified by the constitutional laws n ° 2007-06 of February 12, 2007 ( JORS of March 10 , 2007, p. 2387) and n ° 2008-30 of August 7, 2008 (JORS of August 8, 2008, p. 752).
“With the exception of the opening date of the first session of the newly elected National Assembly, which is fixed by the President of the Republic, the National Assembly fixes the opening date and the duration of the Session. single ordinary of Parliament. However, these are governed by the following rules.
The Assembly meets as of right in a single ordinary session which begins in the first half of October and ends in the second half of June of the following year.
In the event that the ordinary session or an extraordinary session is closed without the National Assembly having fixed the opening date of its next ordinary session, the latter is fixed in good time by the Bureau of the National Assembly.
Parliament is also convened in extraordinary session on a specific agenda, namely:
– at the written request of more than half of the deputies, addressed to the President of the National Assembly;
– by decision of the President of the Republic, alone or on the proposal of the Prime Minister.
Single article of the constitutional law n ° 2008-30 of August 7, 2008 (JORS of August 8, 2008, p. 752), article deleting the words “except in the cases provided for in article 68”. However, the duration of each extraordinary session cannot exceed fifteen days.
The extraordinary sessions are closed as soon as the agenda has been exhausted”.
Section 64
Article 10 of the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article giving a new wording to article 64.
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article substituting the words “of the National Assembly” for the words ” of Parliament”. The vote of the members of the “National Assembly” is personal. Any imperative mandate is null.
The organic law can authorize, exceptionally, the delegation of vote. In this case, no one can receive delegation of more than one mandate.
Section 65
Article 10 of the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article giving a new wording to article 65.
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution, (JORS, special number 6688 of September 28, 2012, p. 1187), article deleting the words “and the Senate”. “The National Assembly may delegate to its Committee on Delegations the power to take measures which are within the domain of the law.
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution, (JORS, special number 6688 of September 28, 2012, p. 1187), article replacing the word “interested” by “national”. This delegation is carried out by a resolution of the “National” Assembly of which the President of the Republic is immediately informed.
Within the limits of time and competence fixed by the resolution provided for above, the commission of delegations takes deliberations which are promulgated like laws. These deliberations are deposited with the office of the National Assembly. If they have not been modified by the National Assembly within fifteen days of the session, they become final”.
Section 66
Article 10 of the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article giving a new wording to article 66.
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article substituting the words “of the National Assembly” for the words ” of Parliament”. “The sittings of the “National Assembly” are public. The camera is pronounced only exceptionally and for a limited time.
The full report of the debates as well as the parliamentary documents are published in the journal of the debates or in the official journal”.
Article 4 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article adding a “TITLE VI BIS” after article 66.
“TITLE VI B
OF THE HIGH COUNCIL OF TERRITORIAL COLLECTIVITIES”
Article 4 of Constitutional Law No. 2016-10 of April 5, 2016 amending the Constitution (JORS, special issue 6926 of April 7, 2016, p. 505), article creating Article 66-1.
“Rule 66-1
The High Council of Territorial Collectivities is a consultative assembly. It gives a reasoned opinion on decentralization and regional development policies.
An organic law determines the mode of designation, the number and the title of the members, as well as the conditions of organization and functioning of the institution”.
TITLE VII
RELATIONS BETWEEN THE EXECUTIVE POWER AND THE LEGISLATIVE POWER
Section 67
Article 11 of Constitutional Law No. 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article giving a new wording to the first paragraph and Article 2 of Constitutional Law No. 2012 -16 of September 28, 2012 replacing the words “the National Assembly ” with the words “ the Parliament”. “The law is passed by the National Assembly”.
The law establishes the rules concerning:
– civic rights and the fundamental guarantees granted to citizens for the exercise of public freedoms, the constraints imposed by National Defense on citizens in their person and in their property,
– the status of the opposition,
– nationality, status and capacity of persons, matrimonial regimes, inheritance and gifts,
– the determination of crimes and misdemeanors as well as the penalties applicable to them, criminal procedure, amnesty, the creation of new orders of jurisdiction and the status of magistrates,
– the base, the rate and the methods of recovery of taxes of all kinds, the system for issuing currency,
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue of September 28, 2012, p. 1187), article deleting the words “and of the Senate” introduced by Constitutional Law No. ° 2007-06 of February 12, 2007. – the electoral system of the National Assembly and local assemblies,
– the fundamental guarantees granted to the civil and military civil servants of the State,
– the nationalization of enterprises and the transfer of ownership of enterprises from the public sector to the private sector.
The law determines the fundamental principles:
– the general organization of National Defence,
– the free administration of local authorities, their powers and their resources,
– Education,
– the property regime, real rights and civil and commercial obligations, labor law, trade union law and social security,
– the compensation scheme for State employees.
The finance laws determine the resources and the charges of the State under the conditions and subject to the reservations provided for by an organic law. The creations and transformations of public jobs can only be operated by finance laws.
The program laws determine the objectives of the economic and social action of the State. The plan is approved by law.
The provisions of this article may be clarified and supplemented by an organic law.
– Last paragraph repealed by Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue of September 28, 2012, p. 1187).
Section 68
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue of September 28, 2012, p. 1187), article giving a new wording to Article 68.
“The National Assembly votes on finance bills under the conditions provided for by an organic law.
The finance bill for the year, which notably includes the budget, is tabled with the office of the National Assembly, at the latest on the day of the opening of the single ordinary session.
The National Assembly has a maximum of sixty days to vote on finance bills.
If, as a result of a case of force majeure, the President of the Republic has been unable to submit the draft budget law for the year in time for the Assembly to have, before the end of the fixed session, of the period provided for in the preceding paragraph, the session is immediately and automatically extended until the adoption of the finance law.
If the finance bill is not voted definitively at the end of the period of sixty days provided for above, it is put into force by decree, taking into account the amendments voted by the National Assembly and accepted by the President. of the Republic.
If, taking into account the procedure provided for above, the finance law for the year could not be brought into force before the beginning of the financial year, the President of the Republic is authorized to renew, by decree, A-base services.
The Court of Auditors assists the President of the Republic, the Government and the National Assembly, in controlling the execution of finance laws”.
Section 69
The state of siege, like the state of emergency, is decreed by the President of the Republic. The National Assembly then meets as of right, if it is not in session.
The decree proclaiming a state of siege or a state of emergency ceases to be in force after twelve days, unless the National Assembly, seized by the President of the Republic, has authorized its extension.
The modalities of application of the state of siege and the state of emergency are determined by law.
Section 70
The declaration of war is authorized by the National Assembly.
The rights and duties of citizens, during the war or in the event of invasion or attack of the national territory by forces from outside, are the subject of an organic law.
Section 71
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article giving a new wording to Article 71 .
“After its adoption by the National Assembly by an absolute majority of the votes cast, the law is transmitted without delay to the President of the Republic for promulgation”.
Section 72
The President of the Republic promulgates the laws definitively adopted within the eight clear days following the expiration of the time limits for appeal referred to in Article 74.
The time limit for promulgation is reduced by half in the event of an emergency declared by the National Assembly.
Section 73
Within the time fixed for the promulgation, the President of the Republic can, by a reasoned message, ask the Assembly for a new deliberation which cannot be refused. The law can only be passed at second reading if three-fifths of the members composing the National Assembly have voted in favor of it.
Section 74
The Constitutional Council may be seized of an appeal seeking to have a law declared unconstitutional:
– by the President of the Republic within six clear days following the transmission to him of the definitively adopted law,
– by a number of deputies at least equal to one tenth of the members of the National Assembly, within six clear days following its final adoption.
– a third indent, added to Article 74 by Article 14 of Constitutional Law No. 2007-06 of February 12, 2007 was deleted by Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue of September 28, 2012, p. 1187).
Section 75
The period of promulgation is suspended until the outcome of the second deliberation of the National Assembly or of the decision of the Constitutional Council declaring the law in conformity with the Constitution.
In all cases, at the expiry of the constitutional deadlines, promulgation is by right; he is provided for by the President of the National Assembly.
Section 76
Matters which are not of the legislative domain by virtue of this Constitution have a regulatory character.
The texts of legislative form intervening in these matters may be modified by decree if the Constitutional Council, at the request of the President of the Republic or of the Prime Minister, has declared that they have a regulatory character by virtue of the preceding paragraph.
Section 77
Article 15 of Constitutional Law No. 2007-06 of February 12, 2007 creating a Senate, (JORS of March 10, 2007, p. 2387), giving a new wording to Article 77 and Article 2 of Constitutional Law No. 2012 -16 of September 28, 2012 revising the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article substituting the words “National Assembly” for the words “Parliament” .
“The National Assembly” can authorize by law the President of the Republic to take measures which are normally within the domain of the law.
Within the limits of time and competence fixed by the enabling law, the President of the Republic issues ordinances which enter into force as soon as they are published but become null and void if the ratification bill is not deposited with the office of the National Assembly before the date set by the enabling law. “The National Assembly” can amend them on the occasion of the vote of the law of ratification.
Section 78
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article giving a new wording to Article 78.
“The laws qualified as organic by the Constitution are voted and modified by an absolute majority of the members composing the National Assembly.
They cannot be promulgated if the Constitutional Council, mandatorily seized by the President of the Republic, has not declared them to be in conformity with the Constitution.
Articles 65 and 77 of this Constitution are not applicable to organic laws”.
Section 79
Article 15 of Constitutional Law No. 2007-06 of February 12, 2007 creating a Senate, (JORS of March 10, 2007, p. 2387), giving a new wording to Article 79 and Article 1 of Constitutional Law No. 2012 -16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article deleting the words “and the Senate” after the words “National Assembly” .
The President of the Republic communicates with the National Assembly by messages which he pronounces or which he causes to be read and which do not give rise to any debate.
Section 80
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article giving a new wording to Article 80.
“The initiative for laws belongs concurrently to the President of the Republic, to the Prime Minister and to the deputies”.
Section 81
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article giving a new wording to Article 81.
“The Prime Minister and the other members of the Government may be heard at any time by the National Assembly and its committees. They can be assisted by collaborators.
The standing committees of the National Assembly can hear the directors general of public establishments, national companies and executing agencies.
These hearings and means of control are exercised under the conditions determined by the organic law establishing the Internal Regulations of the National Assembly”.
Section 82
Article 15 of Constitutional Law No. 2007-06 of February 12, 2007 creating a Senate , ( JORS of March 10, 2007, p. 2387).
The President of the Republic, the Prime Minister, the deputies and the senators have the right of amendment. The amendments of the President of the Republic are presented by the Prime Minister and the other members of the Government.
NB: the group of words “and the senators” remains in the first paragraph notwithstanding the abolition of the Senate in 2012.
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 revising the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article deleting the words “and the senators” after the words “the deputies”. The proposals and amendments formulated by the Deputies are not admissible when their adoption would result in either a reduction in public resources or the creation or aggravation of a public charge, unless these proposals or amendments are accompanied by proposals for compensatory receipts.
Sole article of Constitutional Law No. 2008-30 of August 7, 2008 (JORS of August 8, 2008, p. 752), article adding a new paragraph to Article 82 and Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 substituting the words “ National Assembly ” for the words “ Parliament ” . However, no additional article or amendment to a finance bill may be proposed by the “National Assembly”, unless it tends to eliminate or effectively reduce an expenditure, to create or increase a revenue.
If the Government so requests, the seized assembly decides by a single vote on all or part of the text under discussion, retaining only the amendments proposed or accepted by the Government.
Section 83
Article 15 of the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate ( JORS of March 10, 2007, p. 2387), article giving a new wording to article 83 .
“If it appears, during the legislative procedure, that a proposal or an amendment does not fall within the scope of the law, the Prime Minister and the other members of the Government may oppose the inadmissibility.
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article deleting the word “Senate” after the words “of the National Assembly “. In case of disagreement, the Constitutional Council, at the request of the President of the Republic, the National Assembly or the Prime Minister, rules within eight days”.
Section 84
Article 15 of the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate ( JORS of March 10, 2007, p. 2387), article giving a new wording to article 84 .
“The inclusion, by priority, on the agenda of the National Assembly or the Senate of a bill or a proposal of law or a declaration of general policy, is of right if the President of the Republic or the Prime Minister so requests”.
NB: (The modification of article 84 announced by article 1 of the constitutional law n°2012-16 of September 28, 2012 amending the Constitution has not been implemented. Consequently, the words “or of the Senate” remain in this article).
Section 85
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article giving a new wording to Article 85.
“Deputies may ask the Prime Minister and other members of the Government, who are required to answer them, written questions.
Deputies may ask the Prime Minister and members of the Government, who are required to answer them, oral questions and topical questions. The questions and the related answers are not followed by a vote.
The Prime Minister and the other members of the Government present themselves to the National Assembly, according to a periodicity to be fixed by agreement of the parties, to answer current questions from the deputies.
The National Assembly may appoint, from among its members, commissions of inquiry.
The law determines the conditions of organization and functioning as well as the powers of the commissions of inquiry”.
Section 86
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article giving a new wording to Article 86.
“The Prime Minister may, after deliberation in the Council of Ministers, decide to ask the question of confidence on a program or a declaration of general policy. The vote on the question of confidence can only take place two clear days after it has been asked.
Confidence is refused by public ballot by an absolute majority of the members composing the National Assembly. The refusal of confidence leads to the collective resignation of the Government.
The National Assembly can cause the resignation of the Government by the vote of a motion of censure.
The motion of censure must, on pain of inadmissibility, bear the signature of one tenth (1/10 th ) of the members composing the National Assembly. The vote of the motion of censure can only intervene two clear days after its deposit on the office of the National Assembly.
The motion of censure is voted by public ballot, by an absolute majority of the members composing the National Assembly; only the votes in favor of the motion of censure are counted. If the motion of censure is adopted, the Prime Minister immediately submits the resignation of the Government to the President of the Republic. A motion of censure cannot be tabled during the same session.
The Prime Minister can, after deliberation of the Council of Ministers, engage the responsibility of the Government before the National Assembly on the vote of a finance bill. In this case, this project is considered adopted, unless a motion of censure, tabled within the following twenty-four hours, is voted under the conditions provided for in the preceding paragraph. The Prime Minister may, in addition, use this procedure for another bill or a bill per session”.
Section 87
The President of the Republic can, after having obtained the opinion of the Prime Minister and that of the President of the National Assembly, pronounce, by decree, the dissolution of the National Assembly.
However, the dissolution cannot take place during the first two years of the legislature.
The decree of dissolution fixes the date of the poll for the election of the deputies. The ballot takes place sixty days at least and ninety days at most after the date of publication of the said decree.
The dissolved National Assembly cannot meet. However, the mandate of the deputies does not expire until the date of the proclamation of the election of the members of the new National Assembly.
Article 2 of Constitutional Law No. 2003-15 of June 19, 2003 revising the Constitution and establishing a Council of the Republic for Economic and Social Affairs (JORS, special number 6107 of June 19, 2003, p.613), article adding after article 87 a TITLE VII-1 entitled “COUNCIL OF THE REPUBLIC FOR ECONOMIC AND SOCIAL AFFAIRS”
“TITLE VII-1
Article 5 of Constitutional Law No. 2012-16 of September 28, 2012 amending the constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article creating the Economic, Social and Environmental Council , replacing the Economic Council and social instituted by Constitutional Law No. 2008-32 of 7 August 2008 (JORS of 8 August 2008, p. 754) which was adopted following the repeal, by Constitutional Law No. August 2008 (JORS of August 8, 2008, p. 753), Constitutional Law No. 2003-15 of June 19, 2003.
ECONOMIC, SOCIAL AND ENVIRONMENTAL COUNCIL
Section 87-1
Article 5 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article giving a new wording to Article 87-1.
The Economic, Social and Environmental Council may be consulted by the President of the Republic, the National Assembly and the Government on any problem of an economic, social or environmental nature. Any plan or programming bill of an economic, social or environmental nature is submitted to it for an opinion.
It can also, on its own initiative, issue an opinion on all economic, social or environmental issues of interest to the various sectors of activity of the Nation.
An organic law determines the mode of designation of the members of the Economic, Social and Environmental Council as well as the conditions of organization and functioning of the institution”.
TITLE VIII
JUDICIARY
Section 88
Sole article of Constitutional Law No. 2008-34 of August 7, 2008 amending the Constitution (JORS of August 8, 2008, p. 755), article replacing the words “Council of State, Court of Cassation” by “Supreme Court “.
The judicial power is independent of the legislative power and the executive power. It is exercised by the Constitutional Council, the “Supreme Court”, the Court of Auditors and the Courts and Tribunals.
Section 89
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article giving a new wording to Article 89.
“The Constitutional Council comprises seven (07) members including a president, a vice-president and five (05) judges.
Their term of office is six (06) years.
The President of the Republic appoints the members of the Constitutional Council, including two from a list of four persons proposed by the President of the National Assembly.
The President of the Constitutional Council is appointed by the President of the Republic. He has a casting vote in the event of a tie.
The conditions to be fulfilled in order to be able to be appointed as a member of the Constitutional Council are determined by the organic law.
The mandate of the members of the Constitutional Council cannot be renewed.
The functions of the members of the Constitutional Council cannot be terminated before the expiration of their mandate except at their request or for physical incapacity, and under the conditions provided for by the organic law”.
Section 90
The magistrates other than the members of the Constitutional Council and of the Court of Auditors are appointed by the President of the Republic after consulting the Superior Council of the Judiciary. The magistrates of the Court of Auditors are appointed by the President of the Republic after consultation with the Superior Council of the Court of Auditors.
Judges are subject only to the rule of law in the exercise of their functions.
The magistrates of the seat are irremovable.
The competence, the organization and the functioning of the Superior Council of the Magistracy as well as the statute of the magistrates are fixed by an organic law.
The competence, the organization and the functioning of the Superior Council of the Court of Accounts as well as the status of the magistrates of the Court of Accounts are fixed by an organic law.
Section 91
The judiciary is the guardian of the rights and freedoms defined by the Constitution and the law.
Section 92
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article giving a new wording to Article 92.
“The Constitutional Council deals with the constitutionality of laws and international commitments, conflicts of jurisdiction between the executive power and the legislative power, as well as objections of unconstitutionality raised before the Court of Appeal or the Supreme Court.
The Constitutional Council may be seized by the President of the Republic for an opinion.
The Constitutional Council judges the regularity of national elections and referendum consultations and proclaims the results.
The decisions of the Constitutional Council are not subject to any appeal. They are binding on public authorities and all administrative and jurisdictional authorities.
The Court of Auditors judges the accounts of public accountants. It verifies the regularity of receipts and expenditures and ensures the proper use of credits, funds and securities managed by State services or by other legal entities governed by public law. It verifies the accounts and the management of public enterprises and organizations with public financial participation. It declares and clears the de facto managements. It sanctions mismanagement committed with regard to the State, local authorities and bodies subject to its control”.
Section 93
Sole article of Constitutional Law No. 2008-34 of August 7, 2008 amending the Constitution (JORS of August 8, 2008, p. 755), article replacing the words “Council of State, Court of Cassation” by “Supreme Court “.
Except in the case of flagrante delicto, members of the Constitutional Council may only be prosecuted, arrested, detained or tried in criminal matters with the authorization of the Council and under the same conditions as members of the “Supreme Court” and of the Supreme Court. accounts.
Except in cases of flagrante delicto, the members of the “Supreme Court” and of the Court of Accounts may not be prosecuted, arrested, detained or tried in criminal matters except under the conditions provided for by the organic law on the status of magistrates.
Section 94
Sole article of Constitutional Law No. 2008-34 of August 7, 2008 amending the Constitution (JORS of August 8, 2008, p. 755), article replacing the words “Council of State, Court of Cassation” by “Supreme Court “.
Organic laws determine the other competences of the Constitutional Council, the “Supreme Court” and the Court of Auditors as well as their organization, the rules for appointing their members and the procedure followed before them.
TITLE IX
INTERNATIONAL TREATIES
Section 95
The President of the Republic negotiates international commitments.
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article substituting the words ” of the National Assembly ” for the words ” of Parliament ” referred to in Constitutional Law No. 2008-33 of August 7, 2008 (JORS of August 8, 2008, p. 754). It ratifies or approves them if necessary with the authorization of “the National Assembly”.
Section 96
Peace treaties, commercial treaties, treaties or agreements relating to international organization, those which commit the finances of the State, those which modify the provisions of a legislative nature, those which relate to the status of persons , those involving cession, exchange or addition of territory cannot be ratified or approved except by virtue of a law.
They only take effect after they have been ratified or approved.
No cession, no addition of territory is valid without the consent of the populations concerned.
The Republic of Senegal may conclude with any African State agreements of association or community including partial or total surrender of sovereignty with a view to achieving African unity.
Section 97
If the Constitutional Council has declared that an international commitment includes a clause contrary to the Constitution, the authorization to ratify or approve it can only intervene after the revision of the Constitution.
Section 98
Treaties or agreements duly ratified or approved have, as soon as they are published, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party.
TITLE X
OF THE HIGH COURT OF JUSTICE
Section 99
A High Court of Justice is hereby established.
Item 100
Article 16 of the constitutional law n ° 2007-06 of February 12, 2007 creating a Senate (JORS of March 10, 2007, p. 2387), article giving a new wording to article 100.
Article 1 of Constitutional Law No. 2012-16 of September 28, 2012 revising the constitution (JORS, special issue 6688 of September 28, 2012, p. 1187), article deleting after the words “elected members”, the words “ in equal number”, after the words “by the National Assembly”, the words “and the Senate” and after the words “each renewal”, the words “of these assemblies”. “The High Court of Justice is composed of members elected by the National Assembly after each renewal.
It is chaired by a magistrate.
The organization of the High Court of Justice and the procedure followed before it are determined by an organic law”.
Section 101
Article 16 of the constitutional law n ° 2007-06 of February 12 , 2007 creating a Senate ( JORS of March 10, 2007, p. 2387), article giving a new wording to article 101 .
Article 2 of Constitutional Law No. 2012-16 of September 28, 2012 amending the Constitution (JORS, special number 6688 of September 28, 2012, p. 1187), article substituting the words “of the National Assembly” for the words ” of the two assemblies. “The President of the Republic is only responsible for acts performed in the exercise of his functions in the event of high treason. He can only be impeached by the National Assembly, deciding by an identical vote by secret ballot, by a three-fifths majority of the members composing it; he is judged by the High Court of Justice.
NB: by modifying the first paragraph to substitute the words “National Assembly” for the words “of the assemblies”, the constitutional law of 2012 failed to draw the consequences and to delete the adjective “identical” after “a vote” and to replace, before “component”, the article “the” by the article “the”.
The Prime Minister and the other members of the Government are criminally responsible for acts performed in the exercise of their functions and qualified as crimes or misdemeanors at the time they were committed. They are judged by the High Court of Justice. The procedure defined above is applicable to them, as well as to their accomplices, in the case of conspiracy against State security. In the cases provided for in this paragraph, the High Court is bound by the definition of the crimes and misdemeanors as well as by the determination of the penalties, such as they result from the penal laws in force at the time when the facts were committed”.
TITLE XI
Article 2 of Constitutional Law No. 2016-10 of April 5, 2016 amending the Constitution (JORS, special number 6926 of April 7, 2016, p. 505), article modifying the title of Title XI.
“TERRITORIAL COMMUNITIES”
Section 102
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article giving a new wording to article 102.
“Local authorities constitute the institutional framework for the participation of citizens in the management of public affairs. They are administered freely by assemblies elected by direct universal suffrage. They participate in the territorialisation of public policies, in the implementation of general State policy as well as in the preparation and monitoring of development programs specific to their territories.
NB: the words “in favor of” appearing in the first paragraph of the text promulgated by the President of the Republic, after the words “They participate”, were omitted in the edition of the Official Journal, thus giving another understanding of the layout.
Their organization, composition and functioning are determined by law.
The implementation of decentralization is accompanied by deconcentration, which is the general rule for the distribution of powers and resources between the civil administrations of the State”.
TITLE XII
OF THE REVISION
Section 103
Article 1 of Constitutional Law No. 2016-10 of April 05, 2016 amending the Constitution (JORS, special number 6926 of April 07, 2016, p. 505), article giving a new wording to article 103.
“The initiative for the revision of the Constitution belongs concurrently to the President of the Republic and to the deputies.
The Prime Minister can propose to the President of the Republic a revision of the Constitution.
The bill or the proposal for the revision of the Constitution is adopted by the National Assembly according to the procedure provided for in article 71 of this Constitution. The revision is final after being approved by referendum.
However, the bill or the proposal is not presented to the referendum when the President of the Republic decides to submit it to the National Assembly.
In this case, the project or proposal is only approved if it receives a three-fifths (3/5) majority of the votes cast.
Articles 65 and 77 of this Constitution are not applicable to constitutional laws.
The republican form of the State, the mode of election, the duration and the number of consecutive mandates of the President of the Republic cannot be subject to revision.
Paragraph 7 of this article cannot be subject to revision”.
TITLE XIII
TRANSITIONAL PROVISIONS
Article 5 of Constitutional Law No. 2016-10 of April 5, 2016 amending the Constitution (JORS, special issue 6926 of April 07, 2016, p. 505), article repealing Articles 104 to 108 of the Constitution.