b) The control of the governmental action
In his statement of general policy, the Prime Minister
presents the broad outline of the action of his government but he does not say
how he will proceed. From the ratification of the statement of general policy
of the government, the two capacities begin one with respect to the other to
work together for the application of the program of the government.
The statement of general policy of the government is used as
framework of reference in the development of measurements or laws deposited to
the Parliament. However, with the 46ème legislature, the relationship
between the executive power and the legislative power are not always with
beautiful fixed. The lack of dynamism on both sides, the inconsistency of the
parliamentary members of groups, the weakness or the absence of rules of
legislative procedures as well as the responsibility allotted to the Parliament
in the installation for the government are as many difficulties which make
difficult a harmonious collaboration between these two capacities. Moreover, in
its constitutional prerogatives the Parliament can exert its power of control
in three forms: preliminary questions, interpellations and investigations.
1o) Questions
The meetings of questioning take place either as a Parliament
or in committee. A commission can ask to hear a member of the government on a
question coming under its responsibility.
This meeting does not give place to a motion of censure.
However, the commission can recommend to the Parliament the interpellation of
the concerned one. This stage one applies article 129-3 of the constitution.
2o) Interpellations
The Parliament exerts its power of control by the
interpellation of a minister or government in entirety. Article 129-3 of the
constitution stipulates that:
«The request for interpellation must be
supported by five (5) members of the interested Body. It leads to a vote of
confidence or a motion of censure taken in the majority of this
Body».
The vote of the motion of censure involves the automatic
resignation of the challenged minister or the Government.
The procedure of interpellation of the government is not
defined. March 26, 1997, the House of Commons challenged the Prime Minister
Rosny SMARTH. Actually, there had not been the majority necessary for a vote of
confidence or a motion of censure. The fact of not finding a majority for the
vote of the motion of censure does not mean that the Prime Minister had a vote
of confidence. However, the rules of procedure of the Room allot the rejection
of the motion of censure to a vote of confidence. However, the Prime Minister
did not have any means to prove that it has a majority at the Parliament. In
fact, two months later, are on June 9, 1997, it had to submit its resignation
to the Parliament.
3o) Preliminary investigations
The investigations are carried out into questions of law and
order by special subcommittees. Unfortunately these investigations never
succeed. It is known that the Senate of the Republic opened more than one ten
investigations. Let us quote for example: (Business TEVASA S.A; the sale of
the six planes of the State, the diversion of the 20.000.000 of dollars of
TAIWAN for the construction of the road of Crossroads, etc). Several people and
persons in charge for the State were heard with the Senate of the Republic. No
decision was made and all these businesses remained hanging.
Of another with dimensions, the Parliament does not have the
means necessary to exert its control on the financial activities of the
government. The bicameral commission on the national expenditure is
dysfonctionnelle. It cannot, starting from a sum spent which would have
exceeded the scale, to carry out studies on the financial commitments of the
State. Moreover, it misses at the Parliament its own inspector who would work
on files or financial commitments in the course of exercise.
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