Title Iv: Of The Negotiation And Conclusion Of Treaties Procedure And Private International Law Conventions And Agreements.

Original Language Title: TITRE IV : DE LA PROCEDURE EN MATIERE DE NEGOCIATION ET DE CONCLUSION DES TRAITES ET ACCORDS INTERNATIONAUX AINSI QUE DES CONVENTIONS DE DROIT PRIVE.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.leganet.cd/Legislation/Droit%20Public/Ministeres/O.08.073.24.12.2008.htm

Presidency of the Republic order n ° 08/073 of 24 December 2008 concerning the Organization and functioning of the Government, practical arrangements for collaboration between the President of the Republic and the Government as well as between members of the Government.
TITLE I; THE preliminary title provisions it: the title Ill Government Organization: the functioning of the Government and the terms practices of COLLABORATION between the PRESIDENT of the Republic, the Government as well as between members of the Government.
TITLE IV: OF THE NEGOTIATION AND CONCLUSION OF TREATIES PROCEDURE AND PRIVATE INTERNATIONAL LAW CONVENTIONS AND AGREEMENTS.
Title V: The provisions ABROGATOIRES and finals the President of the Republic;
Pursuant to the Constitution, especially in its articles 79 and 91 paragraph 5;
Saw order No. 08/064 10 October 2008 appointing a Prime Minister.
Having regard to Decree n ° 08/067 of October 26, 2008, appointing Deputy Prime Ministers, Ministers and Deputy - Ministers.
Reviewed as modified and complemented to date, order No. 07/017 03 May 2007 on the Organization and functioning of the Government, practical modalities of cooperation between the President of the Republic and the Government as well as between members of the Government;
On proposal of the Prime Minister;
The Council of Ministers heard;
DIRECTS TITLE I; OF the preliminary provisions Article ler: without prejudice to the constitutional or legal provisions y, this order shall determine the Organization, the functioning of the Government, the practical arrangements for collaboration between the President of the Republic and the Government as well as between members of the Government.
 Article 2: The Government consists of the Prime Minister, Deputy Prime Ministers, Ministers, the Vice-Ministers and appropriate Crown Ministers and of the Ministers.
 
Article 3: Departments, their names and the configuration of the Government in terms of the VicePremiers Ministers, Ministers, Vice-Ministers and where appropriate, Ministers of State and Ministers-delegate are determined by the order of appointment.
 
Article 4: An order of the President of the Republic, deliberate in Council of Ministers, establishes the responsibilities of each Department.
 Article 5: In accordance with article 91 of the Constitution, the Government defines, in consultation with the President of the Republic, the policy of the Nation and taking responsibility.
The Government led the Nation's policy.
Defence, security and Foreign Affairs are areas of collaboration between the President of the Republic and the Government.
The Government has of Public Administration, the Armed Forces, the National Police and security services.
The Government is accountable to the National Assembly under the conditions laid down in articles 90, 100, 146 and 147 of the Constitution.
 
Section 6: When the National Assembly passes a motion of censure, the Government is deemed to have resigned. In this case, the Prime Minister presents the Government's resignation to the President of the Republic within 24 hours.
When a motion of no confidence against a member of the Government is adopted, it is deemed to have resigned.
Article 7: In a persistent crisis between the Government and the National Assembly, the President of the Republic may, after consulting the Prime Minister and the Presidents of the National Assembly and the Senate, decide the dissolution of the National Assembly.
TITLE it: the Organization of Government chapter I: Prime Minister Article 8: the Prime Minister is appointed by the President of the Republic in accordance with the procedure laid down in article 78 of the Constitution. He is the head of Government.
If unable to attend, his acting is ensured by the Member of the Government who has precedence according to the instrument of appointment.
Before taking office, the Prime Minister present the National Assembly the Government program.
When this program is approved the absolute majority of the members that make up the National Assembly, it invests the Government.
 
Article 9: The Prime Minister ensures the execution of the laws and has the regulatory authority subject to the devolved powers to the President of the Republic by the Constitution.
It shall act by way of Decree.
II named, by Decree deliberated in the Council of Ministers, to jobs civilians and military personnel other than those provided by the President of the Republic.
Where appropriate, acts of the Prime Minister are countersigned by the Ministers responsible for their implementation.
The Prime Minister may delegate certain of its powers the Vice - Premiers, Ministers and applicable to Ministers of State and the Ministers.
Article 10: Notwithstanding the assignments that him are recognized by the Constitution and other legislation, the Prime Minister directs the actions of the Government and ensures coherence and unity.
As such, he traced the guidelines e followed by the other members of the Government and exercise the arbitration between them. II regulates, supervises and coordinates their initiatives.
The Prime Minister is the general representation of the Government with the other Institutions of the Republic.
II is assisted in his functions by a firm whose organization and operation are fixed by Decree.
 
Article 11: The Prime Minister ensures any time a of the functioning of public and parapublic sector as well as the smooth running of the economy and other sectors of national life.
 
Chapter II: Of Deputy Prime Ministers, Ministers, of Deputy Ministers, Ministers of State and Ministers delegates Article 12: the Deputy Prime Ministers, Ministers, the Vice-Ministers and the appropriate Ministers of State and the Ministers are appointed by the President of the Republic on the proposal of the Prime Minister.
 
Article 13: Deputy Prime Minister, Minister and Deputy Minister functions take end by resignation, death, permanent incapacity or criminal conviction has become irrevocable and revocation.
 
Article 14: The Deputy Prime Ministers assist the Prime Minister in the coordination of government activities. They provide you follow-up to decisions taken by the Council of Ministers in their respective sector. They send quarterly an activity report to the Prime Minister with a copy to the President of the Republic.
 
Article 15: unless he assumes the interim Prime Minister or that he be specially commissioned by him, Deputy Prime Minister is normally the only assignments that are within its competence under this Ordinance.
For all directions or instructions it considers to have to be communicated e a Minister, it will refer prior to the Prime Minister.
 
Article 16: Prime Minister may delegate to the Deputy Prime Ministers collectively or individually any task he deems useful for the smooth running of government activities.
Article 17: The Minister is responsible for his Department. It applies the Government programme in his Ministry under the direction and Coordination of the Prime Minister.
 
Article 18: Assisted by their Deputy Ministers develop each year estimates of their departments.
They prepare a quarterly report of activities of their ministries in triplicate of which the first is addressed to the President of the Republic, second only to the Prime Minister and the Deputy Prime Minister of their springs third.
 
Article 19: The Deputy Prime Ministers shall take orders in relation to the designation of their members of Cabinet.
Ministers decide by order. Article 20: Financial transactions of the State, in the form including loans, loans, guarantees, grants or equity may be concluded if a law authorizing and on prior notice of the finance and Budget Ministers in their duties.
 
Article 21: In a special way, Deputy Prime Ministers and Ministers were held in strict respect for that budget and financial legislation.
They shall, to that effect, that any Bill, order, Decree, order or convention, any decision any that may have an immediate or future budgetary impact, both revenue and expenditure as well as any act to creating or expanding jobs, amending the monetary agents status, is subject to the notice of the Ministers with the finance and the Budget in their functions as well as the deliberations of the Council of Ministers.
 
Article 22: Ministers are required to Deputy Ministers, which them are Assistant, aware of the management of the Affairs of their respective ministries.
They take all appropriate measures for this purpose and associate effectively in the management of their departments.
 
Article 23: The Deputy Ministers perform their functions under the authority of the Ministers they are Assistant.
 
Article 24: The Deputy Minister supports the Minister in the performance of its tasks and its acting in absence or impediment.
In departments where there is more than one Deputy Minister, the interim is ensured by the Vice-Minister preseant.
The Department where there is no Deputy Minister, the interim is designated by the Minister and shall inform the Prime Minister and the President of the Republic.

The Deputy Minister is empowered to promote discussion on all matters falling within the remit of the Department, to make any suggestion or proposal to improve the good works of the Affairs of the Ministry, all in a spirit of cooperation and sincere collaboration.
The Deputy Minister, which is entrusted with a particular sector of activities, prepares the files submitted to the Minister. II does not exercise power regulatory own.
 
Article 25: Deputy Minister, interim of the Minister, is required to report in writing activities as soon as the latter resumed his duties.
II shall in particular to review of all issues in his absence by the Council of Ministers or by an inter-ministerial Commission.
In the event of urgent decisions taken by the Council of Ministers, it loads one of the Ministers to make the order in this area.
 
Chapter III common provisions to members of the Government Article 26: the Prime Minister has precedence over the other members of the Government the precedence amongst the other members of the Government is a result of the order established by the instrument of appointment.
Members of the Government are obliged to execute the decisions of the Council of Ministers, their actions comply with the Government's policy and to refrain from any public declaration to the contrary in this policy.
They must follow the collegiality and the solidarity Government.
 
Article 27: Members of the Government have the obligation to maintain the secrecy of the deliberations of the Council of Ministers. Only the Minister designated as Government spokesman is authorized to make communications in connection with the cases submitted to the deliberations of the Council of Ministers.
No public statement may be made on behalf of the Government without the permission of the Prime Minister.
 
Article 28: Before their entry into function and expiry thereof, the President of the Republic and members of the Government are required to file, before the Constitutional Court, the written statement of their family heritage, listing their personal property, including shares, shares, bonds, other values, bank accounts, their real estate including land not mounts, forests , plantations and farmland, mines and other buildings with an indication of the relevant titles.
Family patrimony includes the property of the spouse under the marital regime, minors and children, same major, dependent of the couple.
During their duties, the President of the Republic and members of the Government cannot, by themselves or through an intermediary, buy, acquire in any other way, nor taking lease one of which belongs to the domain of the State, the provinces or decentralised entities.
They cannot take part directly or indirectly in the procurement to the benefit of administrations or institutions in which central Government, provinces and decentralised administrative entities have interests.
Within thirty days of the end functions, because this statement, in the case of fraudulent misrepresentation or hint of unjust enrichment, the Constitutional Court or the Court of Cassation had before it as appropriate.
 Article 29: Members of the Government are assisted in the performance of their duties by a firm whose organization and operation are fixed by Decree deliberated in the Council of Ministers.
 Article 30: Correspondence of a Department with the outside shall bear the signature of the incumbent Minister, in his absence or temporary impediment, that of the Deputy Minister of the Department concerned.
If the Department has no Deputy Minister, correspondence bears the signature of the Minister interim.
In all cases, a copy of all correspondence concerning a decision taken by the Council of Ministers, should be addressed to the President of the Republic, the Prime Minister and the Deputy Prime Minister.
 Article 31: Draft laws and all other government records are filed or introduced at the National Assembly and in the Senate by the Prime Minister or, where appropriate, in accordance with a its instructions, by the Deputy Prime Minister.
The competent Minister and the Minister in charge Relations with Parliament in track.
 Article 32: The laws, orders-laws, orders, decrees, arrested corporate and all other statutory instruments are after their assent, submitted to Minister of Justice for their publication in the Official Journal.
Article 33: When it carries out official missions and private travel inside or outside of the country, the Prime Minister first informs the President of the Republic.
Other members of the Government can perform official missions and private trips inside or outside of the country.
Their official missions are subordinate a obtaining a mission order signed by the Prime Minister. For private travel, they perform for a leave from the Prime Minister.
For travel inside the country during the weekend and holidays or chermes to focus on agricultural activities or e management of the population, the Member of the Government is required to inform the Prime Minister.
The President of the Republic is informed before the start of the mission or the private travel.
Deputy Prime Ministers, Ministers and Deputy Ministers are required to communicate to the Prime Minister all their contact information during their absence.
 Article 34: Any mission relating to participation in an international meeting or a negotiation that could commit the State is subject a the submission of a technical dossier to the Council of Ministers with a copy for information to the President of the Republic.
In an emergency, the Prime Minister may derogate.
At the end of each official mission, members of the Government are required to submit a report to the Prime Minister within seven days following the end of the mission. The copy of the report is reserved for the President of the Republic.
Missions of the members of the Government are proposed and planned in the preparation of the Budget and carried out gradually financial availability.
They should not be borne by companies or agencies under supervision of the Department concerned.
However, in the interests of the Republic and in case of necessity, members of the Government can carry out missions not provided for in the Budget with the approval of the Prime Minister, who shall inform the President of the Republic.
 Article 35: The members of the Government must cultivate mutual collaboration and consultation in the spirit of governmental solidarity for greater harmony.
Article 36: The Member of the Government who has a direct or indirect personal interest in a subject matter e review of an Interministerial Commission or the Council of Ministers, shall abstain from taking part in the deliberations is related.
 
Article 37: Members of the Government shall, in all circumstances, to preserve the honour and dignity of their functions.
 
Article 38: The Member of the recognized Government guilty of a breach of e one any obligations of its functions, is liable to one of the following penalties:-verbal warning;
-the warning in writing;
-the Suspension not to exceed a period of 30 days;
-removal from post.
 
Article 39: The Prime Minister is responsible for inflicting the verbal warning, written warning and suspension.
Revocation of a member of the Government is given by the President of the Republic, on a proposal from the Prime Minister.
 
Article 40: The emoluments of the members of the Government are fixed by the Finance Act. The Prime Minister has, in addition, an endowment.
 
Article 41: Members of the Government were right a leave for the recovery of thirty days after each year of activity.
Annual leave is popular a time programmed by the Prime Minister.
In all cases, the granting of annual leave takes into account the imperatives of Government.
 
Article 42: The cost of health care for members of the Government and their family members are paid by the State for the duration of their function.
Members of the Government were right, apart from their emoluments, of other benefits including:-installation costs - accommodation expenses;
-leave benefits;
-the compensation of output equivalent e six months of their last salary.
 
Chapter IV: The GENERAL SECRETARIAT of the Government Article 43: the activities of the General Secretariat of the Government are carried out by a Secretary General, assisted by four Deputy Secretaries under the authority of the Prime Minister.
The General Secretariat provides the following functions: preparing the meetings of the Council of Ministers and the interministerial Commissions;
Develop the minutes of the Council of Ministers and draw up reports;
Develop reports and the summary records of the interministerial Commissions;
Hold the agenda, organizing the work of the Government and ensure the respect of procedures;
Ensure the logistic and editorial correction of the texts;

6. make follow-up orders and decrees for the implementation of laws;

Hold archives and contribute to the development of the tools of the Government by providing useful documentation.

TITLE Ill: the functioning of the Government and the terms practices of COLLABORATION between the PRESIDENT of the Republic, the Government as well as between members of the Government.
Chapter I: The operation the Government SECTION 1: Council of Ministers Article 44: the President of the Republic, the Prime Minister, Deputy Prime Ministers, Ministers and the Vice-Ministers, as appropriate Ministers of State and the Ministers form, when they met to deliberate on the Affairs of State under of. the jurisdiction of the Government, the Council of Ministers.
 
Article 45: The Government works in a collegial and supportive way. The decisions of the Council of Ministers jointly and severally bind all members of the Government.
 
Article 46: The Council of Ministers is the forum for discussion, consultation and decision of the Government. II stands Friday e interval of 15 days and whenever circumstances so require.