Révision constitutionnelle : Le président Bassirou Diomaye Faye choisit la voie du référendum
Tasked with presenting the government's position to the National Assembly, the Minister of Justice, Keeper of the Seals, Moussa Sarr, delivered a vigorous plea in support of the observations made by the President of the Republic regarding the proposed constitutional revision. After thanking the Head of State, Bassirou Diomaye Faye, for his confidence and congratulating the Speaker of the National Assembly, Ousmane Sonko, on his election to the position, the Keeper of the Seals explained that his intervention was intended to convey the President's message to the members of parliament. He reiterated that this major reform is part of a broader effort to modernize the country's institutions, drawing on the landmark conclusions of the National Consultations, the National Justice Conference, and the National Dialogue. He also emphasized that the text had been enriched by the observations of the Constitutional Council and by parliamentary deliberations.
The minister especially took the audience by surprise by revealing that the head of state's choice was definitively made regarding the method of final adoption: "By virtue of article 103 of the Constitution, the President of the Republic has decided to submit the adopted text to a referendum," he indicated.
On the substance of the matter, Mr. Moussa Sarr detailed the reservations and technical objections expressed by the Head of State. Regarding Article 38, he explained that the President believes it is not necessary to prohibit the Head of State from leading a political party or coalition. According to him, such a prohibition would be ineffective in practice, since a president would, in any case, remain a member of their political party and could continue to exert influence without officially being its leader. The Head of State therefore prefers maintaining the status quo.
The Minister of Justice also raised constitutional and budgetary objections. He argued that several adopted amendments create new public expenditures without providing the compensatory revenues required by the Constitution, particularly with regard to the expansion of the future Constitutional Court's powers.
The minister also drew attention to the risks of institutional imbalance that some changes could cause, citing the streamlining of the motion of censure, the limitation of the right to dissolve the National Assembly, as well as the new powers attributed to the Constitutional Court.
Addressing the issue of transparency, Mr. Moussa Sarr indicated that the President of the Republic fully supports strengthening the public nature of asset declarations. However, he wishes this obligation to be extended to all high-ranking officials already covered by current legislation, and not just the Head of State. Finally, he suggested that certain provisions relating to the judicial system could directly conflict with Senegal's international commitments, particularly those stemming from the OHADA treaties.
At the end of his speech, the Minister of Justice, on behalf of the government, requested the application of the "blocked vote" procedure, so that members of parliament could vote on the text only if it included amendments proposed or accepted by the government. According to him, this procedure, provided for by the Constitution and the rules of procedure of the National Assembly, aims to guarantee "the coherence of the texts and the legitimacy of government action."
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