44. Though the Constitution was amended to reinforce the parliamentary system with the imminent
creation of a Senate, the National Assembly is currently the only institution with the power to legislate
(Article 56 of the Constitution).
45. In accordance with Article 57 of the Constitution, the National Assembly considers and amends draft
bills on the functioning of the Government and on the realization of human rights and fundamental
freedoms for adoption. It is thus involved in the establishment of rules and procedures regarding the
operating activities of public authorities, the distribution of roles between central Government and local
government units, the establishment of public agencies or national corporations and limitations on
public freedoms imposed in the interest of national defence.
46. On the basis of its prerogatives in terms of information and control, (questions to the Government,
parliamentary commissions of enquiry, annual debate on the state of the Nation), the Assembly
monitors main policy orientations and Government actions. It amends budget laws, regulations and
programmes and can thus, for instance, assess the level of implementation of the national budget at
various stages as well as the attainment of national socio-economic goals.
47. Finally, declarations of war submitted by the Executive cannot be effective without its consent.
Likewise, a state of siege and a state of emergency declared at a Cabinet meeting cannot be extended
beyond fifteen days without the Assembly’s informed opinion.
48. The parliament therefore plays a key role in the promotion and protection of human rights, essential in
the everyday lives of populations and especially in crisis situations. In order to ensure the sustainability
of its interventions, the Assembly has financial autonomy and Article 51 guarantees the independence of
the legislative branch by granting parliamentarians immunity to protect them from prosecution and
arrest for opinions expressed in the performance of their duties.
49. The judiciary is independent of the legislative and executive powers and ensures that the rights and
freedoms guaranteed by the Constitution are respected. It consists of a single legal system and obeys the
principle of the right of appeal.
50. The Constitutional Council, comprising six members, verifies the constitutionality of laws. It judges the
constitutionality of the law and is the guarantor of fundamental rights of individuals and public
freedoms.
PART 2: IMPLEMENTATION OF HUMAN RIGHTS
I.
CIVIL AND POLITICAL RIGHTS
1. Right to non-discrimination and equality before the law
Article 2
Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and
guaranteed in the present Charter without distinction of any kind such as race, ethnic group,
colour, sex, language, religion, political or any other opinion, national and social origin, fortune,
birth or any status.
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