Constitution

Burundi 2018 Constitution

Table of Contents

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

Article 197

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

The bills are deliberated in the Council of Ministers.

Article 198

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

If a proposition was not analyzed during two successive ordinary session, it must be registered as a priority in the agenda of the following session.

Article 199

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

The National Assembly and the Senate have the right to deliberate, propose amendments to the bills of law or reject the bills of law presented by the Government.

However, the proposals and amendments formulated by the members of the National Assembly or of the Senate are not admissible when their adoption would result in either an important diminution of the public resources, or the creation or aggravation of an important public duty, unless those proposals or amendments are accompanied by proposals of compensatory receipts.

When the National Assembly or the Senate has entrusted the examination of a bill or of a proposal of law to a parliamentary commission, the Government can, after the opening of debate, object to the examination of any amendment that has not been previously submitted to that commission.

If the Government demands it, the interpellated Chamber decides by a sole vote on all or part of the bill or of the proposition by retaining only the amendments proposed or accepted by the Government.

Article 200

The Government can, for the enactment of its program, demand from Parliament the authorization to take by decree, for a limited time period, measures that are normally in the legal domain.

These decrees must be ratified by Parliament in the course of the following session.

The ratification is made by a sole vote on all of the text of law.

In the absence of a law of ratification, they are struck down as lapsed by the Constitutional Court as necessary.

Article 201

If it appears in the course of the legislative procedure that a proposal of law or an amendment is not in the legal domain, the Government may oppose its admissibility.

In the case of disagreement between the Government and the Parliament, the Constitutional Court, at the demand of the President of the Republic, of the President of the National Assembly or of the President of the Senate, decides within a period of 8 days.

Article 202

The President of the Republic enacts the laws adopted by Parliament within a period of thirty days from the day of their transmission, as long as he does not formulate any demand of a second reading or has not referred it to the Constitutional Court on grounds of unconstitutionality.

The request for a new examination may concern all or part of the law.

After a second reading, the same text may only be enacted if it has been voted by a majority of three-fifths of the Deputies and three-fifths of the Senators.

Before enacting organic laws, the President of the Republic must have their constitutionality verified by the Constitutional Court.

Without prejudice to the provisions of the first paragraph of this Article, a law adopted by the Parliament is considered lapsed when the President of the Republic does not enact it within a period of 30 calendar days.

Article 203

The President of the Republic can, after consultation with the Vice President of the Republic, the Prime Minister, the President of the National Assembly and with the President of the Senate, submit to a referendum any draft of a constitutional, legislative or other text, likely to have profound repercussions on the life and the future of the Nation or on the nature or operations of the institutions of the Republic.

Article 204

The President of the Republic communicates with the Parliament convened in congress by way of a message. This message does not give rise to any debate.

Article 205

The members of the Government may attend sessions of the National Assembly and of the Senate. They are heard every time they so demand. They may be assisted by experts.

Article 206

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

Article 207

The National Assembly and the Senate may inform themselves concerning the activity of the Government by means of oral or written questions addressed to members of the Government.

During the term, one sitting per week is reserved, by priority, for the questions of the Deputies and of the Senators and for the responses of the Government.

The Government is required to provide the National Assembly and the Senate with all of the demanded explanations of its administration and its acts.

Article 208

The National Assembly can present a motion of censure against the Government with a majority of three-fifths of its members. It can be dissolved by the Head of the State in the case of grave malfunction leading to the paralysis of Government activities.

A motion of no-confidence can be voted by a majority of two-thirds of the members of the National Assembly against a Prime Minister who shows a manifest failure in the coordination of governmental action, who performs acts contrary to moral integrity or probity, or who in their conduct disturbs the normal functioning of Parliament. In this case, the member of the Government presents his resignation obligatorily.

A motion of no-confidence can be voted by a majority of three-fifths of the members of the National Assembly against a member of the Government who shows a manifest failure in the administration of their ministerial department or who performs acts contrary to moral integrity or probity or who, in their conduct, disturbs the normal functioning of Parliament. In this case, the member of the Government presents his resignation obligatorily.

Article 209

The National Assembly and the Senate have the right to establish parliamentary commissions tasked investigating specific subjects of governmental action.