Dakar, 215 July 216 The Constitutional Council has rendered its highly anticipated decision concerning the constitutionality of the organic law n°25/256 portant nouveau Règlement intérieur de l’Assemblée nationale, adopted by the XVe législature le 24 juin dernier. The Council, chaired by the President of the Republic, approved the majority of the provisions of the text, while condemning some of them as contrary to the Constitution. In its decision No 1363 C/2136, the Council first confirmed the regularity of the adoption procedure. With 225 votes in favour, one abstention and no votes against, the law was adopted by the absolute majority required by Article 22025 of the Constitution. The Council also declared itself competent to rule on the constitutionality of an organic law. However, the Council has censured several specific provisions of the new Règlement intérieur. The second paragraph of Article 56, which authorised the President of the Assembly to require the force publique to compel persons to appear before the commissions of inquiry, was found to be contrary to Article 91 of the Constitution, which guarantees the independence of the judiciary. The sixth paragraph of Article 60, relating to the dismissal of a convicted Member of Parliament, was annulled because it restricted the scope of application provided for in Article 61 of the Constitution by introducing a condition not provided for in the basic text. The 56th paragraph of Article 111, which prohibits the withdrawal of a motion of censure once the debate has begun, was found to be contrary to Article 86 of the Constitution, because it creates a restriction not provided for by that article. Finally, Article 134, relating to the Haute Cour de Justice, was declared unconstitutional for omitting an essential constitutional provision concerning the renewal of its members at each legislature. Reservations of interpretation on some articles.
The Constitutional Council partially validates the new Rules of Procedure of the National Assembly
