Legislative committees, Head of government powers, Legislative oversight of the executive
The Prime Minister has access to the Parliament. He can give responsibility to a member of the Government of representation before the Parliament; that [member] can be assisted, in the course of the debates or in commission, by the members of the Government, [by] counselors or experts of his choice.
The Prime Minister presents directly to the Deputies the state of the Nation on the opening of the first session of the National Assembly.
This presentation is followed by debate and does not give rise to any vote.
Legislative committees, Powers of cabinet
The members of the Government have access to the Parliament, to its commissions and consultative organs. They can be assisted by counselors or experts.
Legislative oversight of the executive
During the sessions, at least one sitting per week is reserved to the questions of the members of the Parliament and to the responses of the Government.
The Parliament can address to the Government questions on current events, written questions, [or] oral questions with or without debate.
Budget bills, First chamber reserved policy areas, Economic plans, Second chamber reserved policy areas, Powers of cabinet, Initiation of general legislation, Division of labor between chambers
The Government deposits the bills of law before the Parliament within the conditions provided for by the law.
It presents and defends before it the governmental policy, the budget of the State, [and] the plans and programs of economic and social development of the Nation.
In accordance with the law, the Government participates in the debates concerning the orientation, the legitimacy, the merit and the effectiveness of the policy of the Government.
Every bill of law is examined successively in the two Chambers of the Parliament. The bills of law are, after their adoption by the National Assembly, transmitted to the Senate which decides within a time of twenty days counting from the date of reception, with exception made for the law of finance. In case of urgency declared by the Government, the time is reduced to five days.
If the Senate adopts a text identical to that of the National Assembly, the law is transmitted without delay to the President of Faso for promulgation. In case of disagreement between the National Assembly and the Senate, or if the Senate has not decided within the time required, the National Assembly decides definitively.
However, the bills of law having for [their] principal object the organization of the territorial collectivities and of the representative instances of the Burkinabe established outside of Burkina Faso are submitted first to the Senate.
In this case, if there is disagreement between the two Chambers, the Senate decides definitively.
Legislative committees, Legislative oversight of the executive
The Government is required to furnish to the Parliament all explanations which are demanded of it on its management and on its acts.
The Parliament may constitute commissions of inquiry.
The reciprocal relations of the National Assembly and of the Government are expressed equally by:
- the motion of censure;
the question of confidence;
the dissolution of the National Assembly;
the procedure of parliamentary discussion.
Head of government removal, Limits on removing head of government
The National Assembly can present a motion of censure with regard to the Government. The motion of censure is signed by at least one-third of the Deputies of the Assembly. To be adopted, it must be voted by an absolute majority of the members composing the Assembly. In case of rejection of the motion of censure, its signatories may not present another before the time period of one year.
Head of government removal
The Prime Minister can, after deliberation of the Council of Ministers, engage before the National Assembly the responsibility of the Government on a program or on a declaration of general policy.
The confidence in the Government is refused if the text presented does not receive the absolute majority of the votes of the members composing the Assembly.
The vote on the question of confidence may not take place less than forty-eight hours after the deposit of the text.
The Prime Minister can, after deliberation of the Council of Ministers, engage the responsibility of the Government before the Assembly on the adoption of a text. In this case, this text is considered adopted except if a motion of censure, deposited within the twenty-four hours which follow, is adopted in the conditions specified in the paragraphs above.
Head of government replacement, Head of government removal
If the motion of censure is voted or confidence is refused, the President of Faso terminates, within a time period of eight days, the functions of the Prime Minster. He appoints a new Prime Minister according to the procedure specified in Article 46.
The agenda of each Chamber of the Parliament consists of the discussion of the popular petitions, of the bills deposited by the Government and of the proposals accepted by it.
Nevertheless, any proposal of law can be discussed two months after its submission to the Government without application of the preceding paragraph having been made, or of Articles 121 and 122 of this Constitution.
The inscription, by priority, in the agenda of the Chambers, of a bill or proposition of law or of a declaration of general policy, is of right if the President of Faso or of the Prime Minister makes the demand for it.
In case of urgency declared by the Government, the Parliament must decide on the bills of law within a time period of fifteen days. This time period is extended to forty days for the law of finance. If at the expiration of the time period no vote has been taken, the bill of law is promulgated unchanged, on proposal of the Prime Minister by the President of Faso, in the form of an ordinance.
Balanced budget, Budget bills
The proposals and amendments concerning the law of finance deposited by the members of the Parliament are irreceivable when their adoption would have as a consequence, either a diminution of public resources, or the creation or the increase of a public expense, unless they should be accompanied by a proposal for augmentation of receipts or of equivalent economies.
If the Government demands it, the Chamber of the Parliament referred to [a matter] decides by a single vote on all or part of a text in discussion retaining in it only the amendments proposed or accepted by it.
When a Chamber of the Parliament has referred the examination of a draft of a text to a commission, the Government can, after the opening of debates[,] oppose the examination of any amendment which has not been preliminarily submitted to this commission.
The proposals and amendments which are not of the domain of the law are irreceivable. The irreceivability is decided by the President of the Chamber referred to [the matter].
In case of dispute, the Constitutional Council, on referral of the Prime Minister or of the President of the Chamber referred to [the matter], decides with a time period of eight days.