Promulgation de la Loi sur le règlement intérieur : le bras de fer que l’Assemblée peut opposer à l’Exécutif
In Senegal, the issue of promulgating laws directly impacts the balance of power between the executive and legislative branches. The debate has resurfaced with renewed intensity around draft law no. 10/2026, amending Article 118 of the Rules of Procedure of the National Assembly, adopted by the Law Committee on May 6, 2026. Behind this text, which addresses parliamentary absenteeism, a broader institutional question arises: what can the Speaker of the National Assembly do if the President of the Republic refuses to promulgate a law that has already been passed?
The report presented by rapporteur Youngare Dione demonstrates the extent to which members of parliament are committed to a dynamic of "break with the past," "accountability," and "legal security" in parliamentary procedures. Presented in plenary session this Friday at the National Assembly, the report emphasizes that in a semi-presidential system like Senegal's, the mere passage of a law is not enough to make it binding. Presidential promulgation remains a crucial step.
So what can the President of the National Assembly do?
Faced with presidential refusal or obstruction, the Speaker of the National Assembly has several levers at his disposal, even if his powers remain limited. The first recourse is political and institutional. The Speaker can publicly remind the Assembly that the promulgation of a law passed is not simply a discretionary power of the Head of State. He can formally demand the strict application of constitutional deadlines and exert institutional pressure on the Executive. In a context of a strong parliamentary majority, this pressure can become considerable.
It should be noted that if the deadlock persists, recourse to the Constitutional Council becomes crucial. The Council may be called upon to verify not only whether the law complies with the Constitution, but also whether the President is fulfilling his constitutional obligations. In the case of the National Assembly's rules of procedure, the Constitutional Council's oversight is all the more important given that this type of text has a particular organic status. The report also points out that the current Article 118 was already examined by the Constitutional Council in 2025.
Mobilize the parliamentary majority
The Speaker of the National Assembly can also leverage political power. If the parliamentary majority believes there is institutional obstruction, it can introduce numerous resolutions, question the government, organize information sessions, or transform the conflict into a national debate on the separation of powers. In this case, the proposed law is supported by the leaders of the two major parliamentary groups, giving it significant political weight.
In extreme situations, a persistent refusal to promulgate a law could trigger a major institutional crisis. The Speaker of the National Assembly could then consider that the regular functioning of the institutions has been disrupted. However, unlike in some parliamentary systems, the Speaker of the Senegalese National Assembly does not have the power to promulgate a law on his own behalf in place of the Head of State.
Beyond the issue of parliamentary absences, the debate surrounding Article 118 reveals a deeper concern: the National Assembly's ability to strengthen its own discipline without conflicting with the Constitution. The report shows that several members of parliament fear that a sanction as severe as the loss of a parliamentary mandate could only be decided within the internal framework of Parliament. Others, on the contrary, believe that the Constitution grants the rules of procedure the power to organize parliamentary discipline. This legal divide could become the real point of contention between Parliament and the Executive if the text is definitively adopted and then sent to the President of the Republic.
Promulgation: a constitutional obligation
Under Senegalese constitutional law, a law passed by the National Assembly must be sent to the President of the Republic for promulgation. This step allows the Head of State to officially acknowledge the existence of the law and authorize its implementation. The President has several options before promulgating a text. Among other things, he can request a second reading in Parliament, refer the matter to the Constitutional Council, or promulgate the law within the prescribed time limits. However, the Constitution does not allow him to indefinitely block a law passed by the National Assembly.
However, in the case of the reform of Article 118 of the Rules of Procedure, the debate is particularly sensitive, because the text touches on parliamentary discipline, the possibility of "automatic resignation" of absentee deputies and the limits of the internal regulatory power of the National Assembly.
A legally explosive text
The report from the Committee on Laws reveals profound disagreements among the members of parliament. Some committee members contested the very notion of "automatic resignation" or "resignation by operation of law," arguing that a mandate entrusted by the people cannot be withdrawn through a simple internal disciplinary mechanism. According to them, such a measure could be considered a forfeiture of office, a matter falling under the constitutional domain.
Other parliamentarians, on the contrary, defended the reform in the name of setting an example and maintaining the institution's credibility. For them, a member of parliament receiving allowances and public resources must actively participate in parliamentary work. The report also shows that the authors of the text, notably Mohamed Ayib Salim Daffe and Aïssata Tall, believe that the reform does not create a new mechanism, but rather aims to clarify a provision already present in the internal regulations. This controversy could very well lead the President of the Republic to hesitate before any promulgation.
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