A- Weaknesses in the internal structures
The internal structures of the two Rooms do not present
differences one compared to the other as for their denomination, their
organization and their operating mode.
The lack of coherence in the organization of the bodies of the
Parliament and the inexistence of certain fundamental structures relating to
the constitutional and lawful requirements are the elements which it should be
stressed like indicating signs of gaps and problems for the good management of
the work of the Parliament in the 46ème legislature.
Indeed, the payment presents a framework in which must fit all
the parliamentary bodies. Those consist of a manner proportional to the
political configuration of the Parliament and have to engage the institution,
according to their competences, in the businesses which are subjected to
them.
a) Faulty operation of the bodies of the Parliament
The considerations on the faulty operation of the bodies of
the Parliament should not be seen under a reducing angle, i.e. by not holding
account of the practice or the activities of these bodies with the 46ème
legislature, but also starting from an in-depth analysis of the mechanisms of
their composition and their attributions.
1. The Office of the Parliament
The configuration of the office of the Parliament is not
defined. Moreover, the conditions of eligibility of its members are not
regulated. At the Parliament, the president of the office must be above the
parties. This is why in France as in Canada the function of president is
incompatible with that of Chief of the Opposition or Deputy fulfilling a
governmental function.
The payment of the 46ème legislature does not envisage
any mode of consensus in the choice of the members of the office of the
Parliament. What involves a lawful absence of framework for the negotiation
between the various political forces represented at the Parliament. Thus the
office perhaps entirely controlled by the majority parliamentary group. In this
case it becomes very difficult to make a good management of the conflicts of
interests within the Parliament and one will not be able to establish a balance
in the relationship with the other minority groups.
2. Standing committees
The law carrying new rules of procedure of the senatorial
Parliament in her article 156 indicates in a vague way the distribution of the
seats in the standing committees. The House of Commons for its part did not
envisage any mode of co-optation between the various political groups in the
commissions.
The criterion proportional of article 156 of the rules of
procedure of the Senate remains a pious wish since there is not any rule of
definition of this proportionality.
The payments of the 46ème legislature do not envisage
any provision relating to the distribution of the presidencies within the
standing committees and at the same time do not support the implication direct
and responsible for the Deputies and Senators for the majority group and the
official Opposition in the control of the businesses for the Parliament.
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