Constitution

Burundi 2005 Constitution

Table of Contents

TITLE VII. OF THE RELATIONS BETWEEN THE EXECUTIVE AND THE LEGISLATIVE

Article 192

The initiative of laws belongs concurrently to the President of the Republic, the Government, the National Assembly and the Senate.

Proposed laws are deliberated in the Council of Ministers.

Article 193

The agenda of the sessions of the National Assembly and the Senate includes, on priority and in the order that the Government has established, the discussion of the bills of law presented by the Government and the proposals of law presented by the members of the National Assembly or of the Senate.

If a proposal of law could not be studied during two successive ordinary sessions, it must be registered as a priority in the agenda of the following session.

Article 194

The Government has the right to propose amendments to proposed laws submitted by members of Parliament.

The National Assembly and the Senate have the right to deliberate, propose amendments to proposed laws or reject proposed laws submitted by the Government.

Nevertheless, the propositions and amendments formulated by the members of the National Assembly or the Senate are not receivable if their adoption would have the following consequences, without propositions for compensatory revenue: either an important decrease in public resources or the creation or aggravation of important public expenses.

When the National Assembly or the Senate tasks a parliamentary commission with examining a bill or proposed law, the Government may, after the opening of debates, oppose the review of all amendments that had not been previously submitted to this commission.

If the Government requests it, the chamber called upon will decide on a portion or the entire proposed law with a single vote by retaining only the amendments proposed or accepted by the Government.

Article 195

The Government may, for the execution of its program, request that Parliament authorize it to take by legal-decrees, during a limited period, measures that would otherwise be under the authority of the law.

These legal-decrees must be ratified by Parliament during the following the next session.

The ratification would occur by a single vote on the text of the law.

In the absence of a ratification of the law, they will be struck down as lapsed and declared lapsed by Constitutional Court, the case arising.

Article 196

If it appears, over the course of the legislative process, that a proposed law or amendment is not within the authority of the law, the Government may oppose its validity.

In case of a disagreement between the Government and Parliament, the Constitutional Court, at the demand of the President of the Republic, the President of the National Assembly, or the President of the Senate, may decide the issue within a delay of eight days.

Article 197

The President of the Republic promulgates the laws adopted by Parliament within a delay of thirty days including the day of their transmission, if he or she does not formulate a demand for a second lecture or does not call the Constitutional Court for reason of unconstitutionality.

The demand of a new review may concern all or part of the law.

After a second lecture, the same text may not be promulgated unless it is voted in by a majority of three quarters of deputies and three quarters of senators.

Before the promulgation of organic laws, the President of the Republic must verify their constitutionality through the Constitutional Court.

Article 198

The President of the Republic may, after consultation of the Vice-Presidents of the Republic, of the President of the National Assembly and President of the Senate, submit to a referendum all proposed constitutional text, legislative or otherwise, susceptible to having profound repercussions on the life and future of the nation or on the nature or the functioning of institutions of the Republic.

Article 199

The President of the Republic communicates with Parliament assembled in Congress by way of message. This message may not be subject to debate.

Article 200

The members of Government may attend meetings of the National Assembly and Senate. They are heard each time they demand attendance. They may be assisted by experts.

Article 201

The members of the National Assembly and of the Senate have the right to debate the actions of policies of the Government.

Article 202

The National Assembly and the Senate may be informed of the activity of the Government through oral or written questions addressed to members of Government.

During these sessions, a session per week is reserved to prioritize the questions of deputies and senators, and the Government’s responses.

The Government is required to give the National Assembly and the Senate all explanations demanded of it regarding its management and activities.

Article 203

The National Assembly may present a motion of censure against the Government with a majority of two-thirds of its members. It can be dissolved by the Head of the State.

A motion of insubordination can be voted by a majority of two-thirds of the members of the National against a member of the Government who shows a manifest failure in the administration of their ministerial department or who perpetrates acts contrary to moral integrity or probity, or who, by their conduct, disturbed the normal functioning of the Parliament. In this case, the member of the Government must present his obligatory resignation.

Article 204

The National Assembly and the Senate have the right to create parliamentary commissions charged with investigating specific issues of government action.