[ad_1]
Constitutional Court
In the name of the Malian people
Consider the Constitution;
To make amendments taking into account the transitional charter;
Taking into account Law n97-010 of February 11, 1997, as amended by Law n02-011 of March 5, 2002, concerning the organic law determining the rules of organization and functioning of the Constitutional Court and the procedure followed by the Constitutional Court;
Having regard to the Constitutional Court’s internal regulations of 28 August 2002;
Consider the internal rules of the National Transitional Council;
Taking into account Law n95-012 of February 8, 1995 on the financial autonomy of the National Assembly;
Consider the Finance Act 2024;
Taking into account Decree No. 94-421 of December 21, 1994 on the organization of the General Secretariat and Registry
The Constitutional Court;
Taking into account the Constitutional Court’s Order n2024-01/CC of 18 April 2024 on the review of the constitutionality of Organic Law n2023-058 of 16 November 2023;
Taking into account the request for control of constitutionality N0002/PT sent by the Head of State, Mr. Transitional President, to the Constitutional Court on May 29, 2024, the Organic Law n2023-058 of April 25, 2024 determines the distribution of compensation and other benefits to the members of the Council
National Transition Party ;
Consider attachments;
The rapporteur heard their reports;
After careful consideration;
On the admissibility of the request
Considering that, in accordance with the provisions of article 147, paragraphs 1 and 2, of the Constitution, the President of the Transition, Head of State, has transmitted to the Constitutional Court, by letter n0002/PT dated 29 May 2024, registered on the same date in the registry of the Court of Cannes, number 017, to examine the constitutionality of Law n2023-058 of 25 April 2024, which provides for an organic law establishing compensation and other benefits allocated to members of the National Transitional Council;
Considering that according to article 147 of the Constitution: the Constitutional Court must confirm the constitutionality of an organic law before it is promulgated;
The organic law is submitted to the Constitutional Court by the President of the Republic before its promulgation;
Taking into account Article 3 of the Charter
The transition has: The institutions of transition are:
– Transitional President;
– National Transitional Council;
– Transitional Government;
Considering that article 13 of the Transitional Charter provides that: The National Transitional Council shall be the legislative body of the transition;
An analysis of the above provisions shows that the Transitional President and the National Transitional Council exercise the prerogatives provided for in the Constitution, in particular those of the President of the Republic and Parliament;
Considering that Article 101 of the Constitution provides that the organic law provides for the remuneration and other benefits to be allocated to deputies and senators;
Considering that Law n2023-058/CNT-RM of April 25, 2024, provides for the compensation and other benefits allocated to members of the National Transitional Council;
The said law is therefore of the nature of an organic law;
Considering that the National Transitional Council, at its plenary session on April 25, 2024, voted to approve Law n2023-058/CNT-RM of April 25, 2024, concerning the organic law establishing the compensation and other benefits allocated to members of the National Transitional Council;
Considering that the law submitting the Court to its jurisdiction has not yet been enacted;
It is therefore appropriate to regularly accept requests from the Transitional President to
leader of a nation;
Normative provisions regarding the procedure for the adoption of Law No. N2023-058/CNT-RM of November 16, 2023
Considering that the National Transitional Council, at its plenary session on April 25, 2024, considered the proposal of Law n2023-058/CNT-RM of April 25, 2024, concerning the establishment of an organic law on compensation and other benefits allocated to members of the Transitional Council. The National Transitional Council is composed of the Constitutional, Legislative, Judicial, Human Rights and
The institutions of the Republic implement the Constitutional Court Order n2024-01/CC of April 18, 2024;
Considering that Article 101 of the Constitution provides that: The organic law shall determine the remuneration and other benefits to be allocated to deputies and senators. ;
Considering that according to Article 124 of the Constitution: Laws given the nature of organic laws by this Constitution are adopted under the following conditions:
– Projects or proposals may only be submitted for consideration fifteen (15) days after submission;
– by an absolute majority of voting members;
An organic law can be enacted only after the Constitutional Court declares it constitutional;
Considering that the National Transitional Council, at its plenary session on April 25, 2024, examined the bill relating to the organic law determining the compensation and other benefits allocated to members of the National Transitional Council, as reflected in the full report of that session in the procedural document;
Considering that the National Transitional Council reviewed the above-mentioned bill on the same day and passed it unanimously by the members present with one hundred and thirty-three (133) votes in favor, zero (00) votes against and zero (00) abstentions;
Thus, laws subject to constitutional review are adopted by an absolute majority of the members of the National Transitional Council within the time limit and format prescribed by the Constitution;
In conclusion, it is necessary to announce its adoption process periodically;
Regarding compliance with the Constitutional Law N2023-058/CNT-RM of April 25, 2024
Taking into account the ruling of the Constitutional Court by Order n2024-01/CC of April 18, 2024, in accordance with the provisions of Article 147, paragraphs 1 and 2 of the Constitution, declaring violations of the Constitution and the Transition Charter, as well as Articles 1, 4, 5, 6, 7 and 8 of Law n2023-
No. 058/CNT-RM of November 16, 2023;
Furthermore, it declared that the provisions of Articles 2 and 3 were consistent with the Constitution and the Transitional Charter, subject to the proposed re-enactment;
She declared that the provisions of Article 9 were in accordance with the Constitution and the Transition Charter;
In implementation of the above-mentioned judgment, the National Transitional Council reviewed, at its plenary session on April 25, the provisions declared non-compliant and those declared compliant but with reservations in Law n2023-058/CNT-RM of November 16, 2024;
Considering that the law consists of eight (08) articles;
The law is titled as follows: Organic Law Governing the Compensation and Other Benefits Allotted to Members of the National Transitional Council;
Article 1 provides: This Organic Law provides for the remuneration and other benefits to be allocated to the members of the National Transitional Council;
Article 2 states that the Chairman of the National Transitional Council shall receive a monthly parliamentary allowance calculated on the basis of an excess index.
It also benefits from dedicated funding;
Article 3 provides that: Members of the National Transitional Council shall receive a monthly parliamentary allowance calculated on the basis of the highest civil service index;
Article 4 provides that: Members of the National Transitional Council shall also receive the following additional compensation:
– Monthly representation allowance;
– Special compensation for office members;
– Driver allowance for office members;
– daily meeting allowance;
– Recovery compensation for each normal session;
– Monthly housing allowance;
– Special compensation;
– Mount allowance;
– Telephone allowance;
– Liability compensation;
– Hardship compensation;
– Fuel allowance;
Article 5 states: The Chairperson of the Committee shall also benefit from remuneration
responsibility;
Article 6 provides that: The Chairmen and Vice Chairmen of the committees of the National Transitional Council shall also receive hardship compensation;
Article 7 provides: The amounts allocated for the above-mentioned compensations shall be listed in the Annex which is an integral part of this Law;
Article 8 provides that: This law shall enter into force on the day on which the National Transitional Council is established, repealing all previous provisions to the contrary, and shall be registered and published in the Official Gazette;
Furthermore, considering that the results of the review of the adopted law took into account the content of the Cans Court Order n2024-01/CC of April 18, 2024;
Therefore, the provisions of the law are constitutional;
Taking into account that according to article 2 of Law N95-012 of February 8, 1995 on the financial autonomy of the National Assembly: the National Assembly determines its own budget every year.
The budget of the National Assembly is incorporated into the State budget without restriction.
It is an integral part of financial law. ;
Considering that, pursuant to article 101 of the Constitution, the determination of the compensation and other benefits to be allocated to members of the National Transitional Council and the fixing of their amounts are within the exclusive competence of that Council;
Taking into account the Organic Law n2023-058/CNT-RM of April 25, 2024, which provides for the compensation and other benefits allocated to members of the National Transitional Council, which determines the compensation and benefits allocated to members of the National Transitional Council and sets out the amounts in the Annex, which is an integral part of the Part;
Taking into account the above, it is necessary to declare constitutional the provisions of Law No. 2023-058/CNT-RM of April 25, 2024, which stipulates the compensation and other benefits allocated to members of the National Transitional Council;
Due to these reasons
Article 1:
Declares the request of the President of the Transitional Period, Head of State admissible and announces the procedure for the adoption of Law n2023-058/CNT-RM of April 25, 2024, regular;
Article 2
Declares that the provisions of Law No. 2023-058/CNT-RM of April 25, 2024, establishing the organic law regulating the compensation and other benefits allocated to members of the National Transitional Council, are in compliance with the Constitution and the Charter of Transition;
Article 3: This Order shall be communicated to the President of the Transitional Period, the Head of State, and published in the Official Gazette.
Bamako, 27 June 2024
Mr. Amadou Ousmane Touré Chairman
Mr. Beyla BA Consultant
Mr. Mohamed Abdourahamane MAIGA Consultant
Mr. Aser KAMATE Consultant
DOUCOURE Master Kadidia TRAORE Consultant
BAhaoua TOUMAGNON Ms. Consultant
Maliki IBRAHIM Master Consultant
Mr. Demba TALL Consultant
With the assistance of Chief Registrar Maître Abdoulaye MBODGE
For certified transport delivered before registration.
Bamako, 27 June 2024
Chief Secretary
Master Abdoulaye Mboji
Knight of the National Order
[ad_2]
Source link
