TITLE V. OF THE RELATIONS BETWEEN THE EXECUTIVE POWER AND THE LEGISLATIVE POWER
Article 127
The law is voted by the National Assembly with respect for the division of jurisdiction between the central State and the Autonomous Collectives.
The law establishes the rules concerning:
- the civil rights and the fundamental guarantees accorded to citizens for the exercise of the public freedoms;
the promotion of gender, of youth and of handicapped persons; the mobilization of resources and of persons in the interest of the National Defense; the fundamental principles of the organization of the Defense and Security Forces as well as a Charter of the rights and duties of their members; nationality, the status and capacity of persons, the matrimonial regimes, inheritance and gifts; the family code; the civil procedure; the determination of criminal infractions as well as the penalties applicable to them; the criminal procedure, amnesty, the creation of new orders of jurisdiction and statute of the magistrates; the penitentiary system; the base, the rate and modalities of tax collection of any nature; the system of minting currency; the creation of categories of public establishments; the nationalization of enterprises and transfers of ownership of enterprises of the public sector to the private sector; the fundamental guarantees granted to the civil and military functionaries of the State; the electoral system; the procedure according to which customs are declared and harmonized with the principles of the Constitution; the conditions of exercise of civic service and of obligatory military service; the obligation of the declaration of patrimony and the list of persons so subject to this obligation; the formula of the denominational oath, consecrated by the law for the categories of notable persons and agents subject to this obligation; the state of siege and the state of urgency.
The law defines the fundamental principles:
- of the administrative organization of the territory;
of the organization of the general Administration; of the General Status of the Public Function; of the general organization of the National Defense; of the free administration of the Autonomous Collectivities, of their jurisdiction and of their resources; of urban planning and management of the territory; of the Charter of the political parties, of the regimes of associations and of the press; of education and of scientific research; of public health, of social affairs and of the rights of the child; of the social security system; of the system of ownership, of real rights and of civil and commercial obligations; of the protection of the environment and of the conservation of natural resources; of the regime of land tenure; of the regime of the domain of the State; of insurance, of savings and of credit; of the right to work and the rights of unions; of culture, of the arts, and of sports; of the regime of transportation and telecommunications; of agriculture, of livestock, of fisheries, of wildlife, of water and of forests.
The provisions of this Article shall be specified and complemented by an organic law.
Article 128
The matters other than those which are of the domain of the law have a regulatory character.
The legislative texts relating to these matters can be modified by decree after the opinion of the Supreme Court.
Those of these texts which have acted after the entry into force of this Constitution may only be modified by decree if the Supreme Court has declared that they have a regulatory character by virtue of the preceding paragraph.
Article 129
The declaration of war is authorized by the National Assembly.
Article 130
The state of siege and the state of urgency are decreed in the Council of Ministers.
The President of the Republic informs the National Assembly of it.
Their extension beyond twenty-one (21) days may only be authorized by the National Assembly.
Article 131
The President of the Republic decides to send troops of the Chadian army outside of the national territory.
The President of the Republic informs the National Assembly of this decision to have the armed forces intervene abroad, at the latest three (3) days after the beginning of the intervention. He precisely states the objectives pursued.
When the duration of the intervention exceeds four (4) months, the Government submits its extension (of military activity) to the authorization of the National Assembly.
Article 132
The President of the Republic can, for the execution of its program, demand of the National Assembly the authorization to take by ordinance, for a limited time period, the measures that are normally in the domain of the law.
The object of the authorization must be enumerated and substantiated in the request addressed to the National Assembly.
The ordinances are taken in the Council of Ministers after the opinion of the Supreme Court.
They enter into force on their publication but become lapsed if the bill of law of ratification is not filed before the National Assembly before the date established by the authorizing law.
At the expiration of the time period mentioned in the first paragraph of this Article, the ordinances may only be modified further by the law in those matters which are of the legislative domain.
Article 133
The members of the Government have access to the National Assembly and to its commissions.
They are heard at the demand of a Deputy or of a commission. They may be assisted by collaborators.
Article 134
The organic law is a law which specifies or completes one or more constitutional provisions.
It is voted on by the National Assembly.
It may only be promulgated if the Supreme Court, obligatorily referred to the matter by the President of the Republic, has declared it in conformity with the Constitution.
The provisions granted to the President of the Republic which authorize him to legislate are not applicable to the organic laws.
Article 135
The program laws determine the objectives of the economic, social, and cultural action of the State.
Article 136
The laws of finance determine the resources and the obligations of the State within the conditions and under the reserves provided for by an organic law and conforming to the rules of transparence and of good governance.
The National Assembly votes on finance bills within the conditions provided for by an organic law.
The finance bill is filed with the Bureau of the National Assembly at the latest on the eve of the beginning of the second ordinary session.
The National Assembly has one hundred (100) days at most to vote on the finance bill.
If, by result of a case of force majeure, the Government could not file the annual finance bill in a timely fashion for the National Assembly to deal with it, before the end of the ordinary session and within the time period specified in the preceding paragraph, that session is, immediately and of fullright, followed by an extraordinary session of which the duration is at most equal to the time necessary to complete the aforementioned time period.
If the finance bill is not voted definitively at the expiration of the time period of one hundred (100) days specified above, it can be brought into force by ordinance.
This ordinance must take into account the amendments voted by the National Assembly and accepted by the Government.
If, taking into account the above procedure, the law cannot be brought into force before the beginning of the budgetary year, the Government is authorized to continue to collect the receipts and to execute, on a provisional basis, month by month, the expenditures on the basis of the credits opened by the last finance bill related to the previous financial year.
The Supreme Court assists the Government and the National Assembly in the execution of finance laws.
The National Assembly regulates the accounts of the Nation following the changes provided for by the organic law relative to the law of finance.
It is, to this effect, assisted by the Supreme Court, which it tasks with any inquiry and study relating to the execution of the receipts and the public expenses or the management of the national treasury, of the Autonomous Collectivities, of the administrations or institutions relevant to the State or submitted to the control of it.
The bill of law of regulation must be deposited with the National Assembly one (1) year at the latest before the execution of the budget.
Article 137
The initiative of law belongs concurrently to the President of the Republic and to the members of the National Assembly.
The bills of law are submitted, by the President of the Republic, to the Supreme Court for its opinion, before being examined in the Council of Ministers.
The bills of law are deliberated in the Council of Ministers and filed with the Bureau of the National Assembly.
Article 138
The bills of law relative to the competences and to the resources of the Autonomous Collectivities are voted on by the National Assembly.
Article 139
The proposals and amendments formulated by the members of the National Assembly are not admissible when their adoption would have as a consequence either a diminution of public resources, or the creation of an increase in public expenditures, unless they are accompanied by a proposal of augmentation of receipts or of equivalent savings.
Article 140
If it appears during the course of the legislative procedure that a proposal or an amendment is not in the domain of the law or is contrary to a delegation granted by virtue of the provisions of Article 132 relative to authorization, the government may oppose the admissibility.
In case of disagreement between the President of the Republic and the National Assembly, the Supreme Court, at the demand of one or other of the parties, decides within a time period of eight [8] days.
Article 141
The discussion of the bills of law concerns the text presented by the President of the Republic.
Article 142
The bills and proposals of laws are sent for inspection to the commissions specifically designated to that effect.
The bills and proposals for which such a request has not been made are sent to one of the permanent commissions.
Article 143
The members of the National Assembly and the Government have the right of amendment.
When the National Assembly has conferred the inspection of a draft to a commission, the Government can, after the opening of the debates, oppose the review of any amendment that had not been previously submitted to that commission.
If the Government requests it, the National Assembly decides by a sole vote on all or part of the text under discussion, only retaining in it the amendments proposed or accepted by it.
Article 144
The agenda of the National Assembly is established by the Conference of Presidents of which the composition is determined by the Internal Regulations.
A member of the Government assists it of right.
Three (3) sittings per month are reserved by priority for the agenda established by the Government.
One (1) sitting per week is reserved for the review and the adoption of the proposals of law.
Two (2) sittings per session are reserved for the control and for the evaluation of the public policies.
One (1) sitting every two weeks is reserved for the questions of the members of the National Assembly and to the responses of the Government.
One (1) sitting per month is reserved for questions to the Government on current matters.
Article 145
The Government is obligated to provide the National Assembly all of the explanations which are demanded of it on its administration and on its activities.
The means of information and control of the National Assembly on the action of the Government are:
- the interpellation;
the written question; the oral question; the questions on current matters; the commission of inquiry; the hearing in commissions; the evaluation of the public policies.
These means are exercised within the conditions determined by the Internal Regulations of the National Assembly.
