Of the Legislative Power

The legislative power, delegated by the people, is exercised by a Parliament composed of two assemblies, the National Assembly and the Senate.

The members of the National Assembly have the title of deputy and those of the Senate have the title of Senator.

The deputies are elected by universal, direct and secret suffrage for five (05) years. They are reeligible. Each deputy is the representative of all of the entire Nation. Any imperative mandate is null.

The elections take place within the thirty (30) days preceding the expiration of the mandate of the deputies. The National Assembly meets of plain right [on] the second Tuesday which follows the date of the official proclamation of the results.

Any member of the armed forces or the [forces] of public security, who desires to be a candidate to the functions of deputy, must, first, submit their resignation from the armed forces or the [forces] of public security.

In this case, the interested [person] may claim the benefit of the rights acquired in accordance with the statutes of their corps.

An organic law establishes the number of deputies, their indemnities, the conditions of eligibility, the regime of the incompatibilities and the conditions under which vacant seats are provided for.

An organic law determines the status of the former deputies.

The Senate is composed[,] of two-thirds (2/3) by noted persons elected by the representatives of the territorial collectivities[,] and of one-third (1/3) by noted persons appointed by the President of the Republic.

The duration of the mandate of the senators is of five (05) years.

An organic law establishes the number of the senators, their indemnities, the conditions of eligibility or of appointment, the regime of the incompatibilities and the conditions under which vacant seats are provided for.

An organic law determines the status of the former senators.

The departing members of the National Assembly and of the Senate, whether by conclusion of the mandate or dissolution, remain in office until their successors effectively take office.

The deputies and senators enjoy parliamentary immunity.

No deputy, [and] no senator may be prosecuted, investigated, arrested, detained or judged as a result of the opinions or of the votes emitted by then in the exercise of their functions, even after the expiration of their mandate.

Except in case of flagrante delicto, the deputies and the senators may only be arrested or prosecuted for crimes or offenses after the lifting, by their respective Assembly, of their parliamentary immunity.

Any procedure [concerning] flagrante delicto engaged against a deputy or against a senator is brought without delay to the knowledge of the bureau of their Assembly. A deputy or a senator may not, out of session, be arrested without the authorization of the bureau of the Assembly to which they belong.

The detention or the prosecution of a deputy or a senator is suspended if the Assembly to which they belong requires it.

The National Assembly and the Senate are each directed by a president assisted by a bureau. The presidents and the bureaus are elected for the duration of the legislature within the conditions established by the internal regulations of each Assembly.

In case of vacancy of the presidency of the National Assembly or of the Senate, by death, resignation or any other cause, the National Assembly or the Senate elects a new president within the fifteen (15) days which follow the vacancy, if it is in session; in the contrary case, it meets of plain right within the conditions established by its internal regulations.

The replacement of the other members of the bureaus is provided for in accordance with the provisions of the internal regulations of each Assembly.

An organic law determines the status of the former presidents of the National Assembly and of the Senate, notably, as it concerns their remuneration and their security.

The National Assembly meets of plain right in two (02) ordinary sessions per year.

The first session opens [on] the first Tuesday of April.

The second session opens [on] the first Tuesday of October.

The Senate meets of plain right in two (02) ordinary sessions per year.

The first session opens [on] the first Thursday of April.

The second session opens [on] the first Thursday of October.

Each of the sessions lasts three (03) months.

The National Assembly and the Senate are convoked in extraordinary session by their respective president on a specific agenda, at the demand of the President of the Republic or of the absolute majority of the deputies or of the senators.

The deputies or the senators adjourn as soon as the agenda is exhausted.

The right to vote of the deputies and of the senators is personal.

The internal regulations of the National Assembly or of the Senate may authorize exceptionally the delegation of the vote. In this case, no one may receive the delegation of more than one mandate.

The functioning of the National Assembly or the Senate is determined by an internal regulations adopted in accordance with the Constitution.