B- Payments of the 46ème Legislature
If the first two legislatures could evoke alibis to dodge the
question relating to the vote of their rules of procedure or at least their
nonapplication, the 46ème for its part does not have the choice.
Actually, it profited in one way or another from a political
stability and a technical assistance of the international community which
should have allowed it not only to have its own rules of procedure but also to
apply them. However, reality proves the opposite. The Senate of the Republic
adopted a new law carrying new rules of procedure of the Upper House which
until now is not in force; and the House of Commons works on his interior draft
Regulation.
a) The law of June 1996 carrying new rules of
procedure of the Senate.
In its first article it is known as :
« These internal payments fix the
statute, the organization and the operating mode of the Senate of the Republic.
For all that is not envisaged with the present payment or does not make object
of a special order of the assembly it will be taken account of the habits,
formalities and procedures ordinary ».
Let us see now the innovations that it is necessary to
underline in this payment.
1. Innovations brought to the Senate by the text of
1996.
The text of 1996 is a first in annals of the Senate of the
Republic. It reconsiders the authority of the Senate in the exercise of the
legislative power while allowing the large body like with its members enjoying
all the constitutional prerogatives.
1.1. Senatorial institution
The Senate is a public institution equipped with the legal
personality which can be party to legal proceedings and which manage its own
inheritance with an administrative autonomy and budgetary. (art)
This payment defined clearly and in a precise way the missions
of the large body in its article 4. Article 5 reiterates its sovereignty. The
office of the Senate from now on is composed of a President, a vice-president,
two Secretaries and a renewable questeur elected for two years.
1.2. Privileges of the Senators
Adequate monthly expenses for the establishment and the
operation of an office of the Senator in his senatorial district and to the
Capital are envisaged, as well as the assumption of responsibility with the
budget of the Senate as contractual of an agent of safety, a driver, and an
expert attached to his particular cabinet.
1.3 Conference of the Presidents
The rules of procedure of the Senate create a new body called
Conférence of the Presidents. This conference brings together the
presidents of the office, the presidents of the standing committees and the
parliamentary groups. The office of the conference of the presidents is
composed of the President of the Senate (President of the office of the
conference of the Presidents) of a vice-president and a Rapporteur - The latter
are indicated for one one year period- (cf art). The Conference of the
Presidents second the office of the Senate of the Republic. It thus has the
capacity of :
- to allocate with each parliamentary group a total time of
word while taking account of the Right to the word of the independent
senators ;
- to decide about priority to grant to the questions to
discuss in assembly;
- to deliberate by majority vote on the proposals submitted
by its members and on the organization on the general discussion on the texts
submitted to the assembly...
1.4. Parliamentary groups
The Senators can set up political groups at a rate of at least
three Senators per group. No Senator can be member of more than one group. (cf
Art 194)
1.5. Commissions
At the beginning of each legislature and each replacement
partial of the Senate, the Parliament forms ten standing committees. Each
commission is named for a two years mandate. The subcommittee bureau
includes/understands a president and a rapporteur.
The parliamentary groups have at the standing committees a
number of seats proportional to their numerical importance subject to the
rights of the independent Senators.
The quorum of each commission is half of its members and the
senator absent three times without valid excuse during one month, loses the 1/3
of his basic allowance for this month.
The senators associate with the standing committees of the
special subcommittees and mixed. Article 177 of the payment creates a new
commission called: Special subcommittee of parliamentary
privileges, whose mission is to intervene with the public
authorities to defend the interests of any Senator victim of violation of their
privileges and immunities.
2. Withdrawals or abrogations of the rules of
procedure of the Senate
The law of June 1996 makes certain modifications relating to
the operation of the internal bodies of the Senate of the Republic, that it is
on the level of the personnel or the means of organization of the legislative
process.
2.1. Employees of the Senate
The payment does not fix the number of employees of the Senate
and does not envisage any heading relating to the organization of the
parliamentary personnel. That falls within the competence of the office which
is charged to into force regulate the services of the Senate in accordance with
the administrative rules and with the need for the large body.
2.2. Delegations
The training of the delegations is not any more exclusive
competence of the president of the Senate. It is thus about a decision taken as
a Parliament.
2.3. Mode of voting
The votes are done by raised hands or ordinary open vote. The
secret vote is repealed.
b) The interior draft Regulation of the House of
Commons
Since the House of Commons did not vote its rules of procedure
yet, we will present only the innovations in its organization and current
operation starting from the text of reference which is this draft Regulation of
the 46ème legislature.
1. Innovations in the organization and the operation
of the House of Commons
The new payment of the House of Commons A took again the same
bodies of the Senate with light modifications in the composition of the
commissions. It also establishes a framework of formal communication between
the Room and the Government as well as a technical structure for good unfolding
of work of the Deputies.
1.1. Bodies of the House of Commons
The House of Commons is composed of:
- the Parliament of the Deputies or Plenary assembly
- the office
- parliamentary groups
- standing committees
- the conference of the presidents
- commissions
Article 31 of the project provides that these bodies are
assisted of an administrative service called the Secretariat-general of the
House of Commons directed by a secretary-general whose operation and
organization are defined by the administrative and financial payments.
1.2. Relationship with the Executive
The project grants an important place to the relations between
the Legislature and the Executive. It defines the procedure to be followed for
the ratification of the Prime Minister and the exercise of the supervisory
powers on the government. This control is done by communications such as:
1o) the assessment of the Prime Minister to the opening of
each parliamentary session
2o) declarations of the Government in front of the Parliament
with or without debate
3o) oral questions organized by the conference of the
presidents
4o) written questions published, during the sessions and
except sessions, with the Official Journal as well as the answers of the
Ministers
5o) interpellation of a Minister or Government
6o) the convocation of the Ministers by standing
committees...
1.3. The technical council of framing
The interior draft Regulation of the House of Commons
envisages a council of technicians which can accompany the commissions and the
office by the Parliament.
1.4. Office of the Deputy
September 9, 1992, the 45ème legislature voted for a
resolution creating an administrative entity called office of the Deputy in
each electoral district. The project of the 46ème legislature regulates
the operation of this office and envisages a remuneration for its members and
an emanating operational budget of the budget of the Room. The chief of the
office of the Deputy could be regarded as his assistant and ensures the
connection with the other bodies.
We showed up to now some modifications in the structures and
the operation of the Haitian Parliament since 1987. The constitution of 1987
reorganized the exercise of the legislative power and executive by making
Parliament the exclusive authority legislation control of the Government.
However the imperfections in the regulation of this capacity constitute a major
handicap for the institutionalization of the young Haitian democracy. Also is
advisable it to underline in the next chapter the problems arising from the
application of the rules relating to the operation of the Haitian political
system.
SECOND PART:
PAYMENTS ADAPT TO THE REQUIREMENTS OF THE
HAITIAN POLITICAL SYSTEM.
Chapter I: Considerations on the problems arising from
the imperfections and the gaps of the rules of procedure of the 46 ème
Legislature.
The constitution of the Republic of Haiti defines the legal
framework of the organization of the Haitian political system. However, each
capacity must obtain with rules and procedures for the exercise of their
mandates. At the Haitian Parliament, not only there is a deficiency as regards
payments, but those existing present obvious imperfections which deserve to be
analyzed. In the first section, our analysis will relate to the working
procedure of the parliamentary Parliament and in the second section we will
tackle the question of the relationship between the Legislature and the other
capacities.
Section 1. Problems encountered in the working
procedure of the Haitian Parliament
In the dynamics of parliamentary work, it is essential that
the Parliament obtains a framework regulating its operating conditions. The
46ème legislature functions with exceeded rules of procedure which do
not take account of the reality of the political system recommended by the
constitution of 1987. What involves weaknesses in its internal structures and
of mistrust in the relationship with the other capacities.
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