Senate of the Community

In the colonial Empire French, the Senate of the Community , envisaged by title XII of the Constitution of 1958, was an authority equipped with broad deliberative capacities.

A creation of the Constitution of 1958

During work of development of the Constitution, it was initially considered a representation of the federal system of the Community within the Senate. But after discuss ithaving discussed it, the Constitutional Advisory committee adopted the idea of an independent room for theoretical reasons which the constitutionnalist Didier Maus summarizes: “The same assembly cannot belong to two different legal orders: the first unit one and the second federative one”.

Legislative competences

Competences of this new authority were defined in article 83 of the Constitution, according to which the Senate of the Community “deliberates on the economic policy and financial common before the vote on the laws taken on the matter by the Parliament on the Republic and, if necessary, by the legislative assemblies of the other members of the Community.

“The Senate of the Community examines the acts and the treaties or international agreements aimed to articles 35 and 53 and which engage the Community.

“It makes executory decisions in the fields where it received delegation of the legislative assemblies of the members of the Community. These decisions are promulgated in the same form as the law on the territory of each interested State. ”

A short existence

The accession with the independence of the African States members of the Community put a term at work of this assembly whose existence was very short.

Notes and references of the article

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