Révision constitutionnelle : pourquoi le vote de l’Assemblée nationale pourrait être annulé
In an interview with L'Observateur, Dr. Mor Fall, a teacher at the Faculty of Legal and Political Sciences (FSJP) of Cheikh Anta Diop University of Dakar (UCAD), analyzes the institutional tug-of-war surrounding the constitutional revision voted by the National Assembly and contested by President Bassirou Diomaye Faye before the Constitutional Council.
According to the legal expert, Macky Sall's successor is fully within his rights: "This is a prerogative conferred upon the President of the Republic under the provisions of Article 74 of the Constitution, allowing him to refer a constitutional challenge to the Constitutional Council by invoking a violation of the procedure for adopting the law revising the Constitution." He clarifies that "this is a challenge to the constitutionality of the law by way of legal action," which falls within the normal institutional framework.
In essence, the academic points out genuine irregularities during the vote in the National Assembly. He cites Article 82 of the Constitution, which stipulates that amendments proposed by members of parliament are inadmissible if they increase public expenditures without compensatory revenue. However, as the Minister of Justice, Moussa Sarr, pointed out, "the rapporteur's report on the Commission does not include the compensation mechanism that must be discussed and adopted at the same time as the amendments." Furthermore, the government's rejection of the request for a single, unconstitutional vote constitutes another procedural flaw.
The source interviewed by the Groupe Futurs Médias newspaper believes that the Constitutional Council, although limited to a minimum level of review, has sufficient grounds for appeal, because "the grievances raised by the Minister of Justice, Keeper of the Seals, deserve particular attention" and could invalidate the procedure. Should the seven judges reject the law, the members of parliament will have no recourse: Article 92 of the Constitution stipulates that "the decisions of the Council are not subject to appeal. They are binding on public authorities and all administrative and judicial bodies."
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