The fundamental principle of the separation of powers, enshrined in the Constitution, establishes a strict demarcation of competences between the legislative, executive and judicial powers. This sacrosanct rule forbids any unintended or arbitrary interference by a power in the attributions devolved to others. In the present case, the Court has held that, in the absence of a decision of the Court of First Instance, it is for the national court to determine whether a Member of the Court of First Instance is entitled to exercise his parliamentary immunity in respect of a Member of the Court of Justice. It cannot, in any event, take the place of the judge in the assessment of the guilt or innocence of the Member concerned. The mission of the National Assembly is strictly limited to verifying whether the request for the waiver of immunity is based on serious, loyal and sincere grounds, in accordance with constitutional and jurisprudential provisions. This approach has been clearly defined by the Conseil constitutionnel, notably in its decision n° 62-18 DC of 10 July 1962, which states: “The National Assembly must only pronounce on the serious, loyal and sincere nature of the request for the waiver of parliamentary immunity, having regard to the facts on which this request is based, and to the exclusion of any other object”. Thus, in the examination of such a request, the National Assembly must: Vérifier la régularité et la conformité de la procédure: This includes the examination of the facts relied on, the criminal qualifications retained, and the legal and regulatory provisions on which the application is based. Évaluer la sincérité et la loyauté de la procédure: This step aims to ensure that the application is not tainted with procedural defects, political motivations or abuse of power. S’abstenir de retarder ou d’entraver la justice: If the elements presented by the procureur show an appearance of seriousness and loyalty, the Assemblée nationale se trouve dans une situation de compétence liée, that is to say that it cannot block or interfere with the smooth running of the judicial procedure.
Related Posts
Urgent: Le chargé de communication de Farba Ngom called to the cybersecurity
- CoreNews Africa
- January 22, 2025
- 0
After Oumar Sow and Abdou Diallo, it is the turn of Ablaye Ndiaye to respond to the appeal of the investigators. Farba Ngom’s communications officer […]
The 94 billion affair: officials at stake, corruption and political implications in Senegal
- CoreNews Africa
- January 16, 2025
- 0
The case of land titles 1451/R, known as the ’94 billion case’, represents a major political and judicial scandal in Senegal, marked by complex land […]
Kawtef: A faux sous-officier of the prison administration arrested in Mbour
- CoreNews Africa
- January 18, 2025
- 0
The central police station of Mbour has put an end to the criminal acts of a false sous-officier of the prison administration. Le faussaire A. […]