Constitution

Guinea 2010 Constitution

Table of Contents

TITLE IV. OF THE LEGISLATIVE POWER

Article 59

The representative assembly of the People of Guinea bears the name of National Assembly. Its members bear the title of Deputies.

Article 60

The Deputies to the National Assembly are elected by universal direct suffrage.

The duration of their mandate is five years, except in the case of dissolution. It may be renewed.

The minimum age to be eligible to the National Assembly is to be already [révolu] 25 years old.

Article 61

No one may be a candidate if he is not presented by a political party legally constituted.

The conditions of eligibility, the regime of the ineligibilities and of the incompatibilities are established by an organic law.

Article 62

The Constitutional Court sees to the regularity of the ballot and of the electoral campaign that precedes it. It receives and judges the eventual challenges [contestations].

Article 63

One-third of the Deputies are elected by uninominal ballot in one round. An organic law establishes the electoral circumscriptions.

Two-thirds of the Deputies are elected by national list ballot [scrutin de liste nationale], by proportional representation. The seats not attributed to the national quotient are allocated [répartis] au plus fort reste [by a proportional system of greatest remaining percentage].

Article 64

An organic law establishes the number of Deputies and the amount of their indemnity.

It determines equally the conditions in which the persons called to assure, in the case of vacancy, the replacement of Deputies until the general renewal of the National Assembly[,] are elected.

Article 65

No member of the National Assembly may be prosecuted, investigated, arrested, detained or judged on the occasion of the opinions or the votes emitted by them in the exercise of the functions of Deputy.

No Deputy may, during the duration of the sessions, be prosecuted or arrested, in penal matters, without [qu’avec] the authorization of the National Assembly except in the case of flagrante delicto.

No Deputy may, outside of [the] sessions, be arrested or detained without [qu’avec] the authorization of the Bureau of the National Assembly, except in the case of flagrante delicto, of prosecution authorized by the National Assembly or of definitive conviction [condemation].

The preventive detention or the prosecution of a Deputy is suspended if the National Assembly requires it.

Article 66

The President of the National Assembly is elected for the duration of the legislature.

Article 67

The Internal Regulations of the National Assembly are established by an organic law that determines:

  • the composition and the rules of functioning of the Bureau of the Assembly;
    the number, the mode of designation, the composition and the competence of the permanent commissions;

    the modalities of creation of the temporary special commissions;

    the organization of the administrative services placed under the authority of the President of the National Assembly;

    the rules of procedure [déroulement] of the debates, of [prises de parole] speaking, of the vote and the disciplinary regime of the Deputies;

    in a general manner, all rules having as [their] objective the functioning of the National Assembly within the framework of the competences that the Constitution attributes to it.

Article 68

The National Assembly meets of plain right in ordinary session two times per year.

  • The first session opens on 5 April, its duration may not exceed ninety (90) days;
    The second session opens on 5 October, its duration may not exceed ninety (90) days;

If 5 April or 5 October is a holiday [jour férié], the opening of the session takes place on the first business [ouvrable] day that follows.

Article 69

The National Assembly meets in extraordinary session either at the initiative of the President of the Republic, or at the demand of the majority of the members who compose it, on a determined agenda. The extraordinary session is closed as soon as the National Assembly has exhausted the agenda.

The Deputies may not demand a new extraordinary session before the expiration of the month following the closure of a session.

Except in the cases where the National Assembly meets as of plain right, the extraordinary sessions are opened or closed by decree.

Article 70

Any imperative mandate is null.

The right to vote of the Deputies is personal. The Internal Regulations may authorize, exceptionally, the delegation of the vote. In this case, no one may receive the delegation of more than one mandate.

Article 71

The sittings of the National Assembly are public. Nevertheless, it may, by a vote of the majority of the members who compose it, decide to sit in closed sessions.

The complete record [compte-rendu intégral] of the debates is published in the Journal Officiel [Official Gazette].