Haiti: Les grandes lignes de la nouvelle constitution voulue par le président de la République Jovenel Moïse se précisent

 

The big ones of the new constitution wanted by the President of the Republic Jovenel Moïse are becoming clearer.
Port-au-Prince, Haiti .- The independent advisory committee for the development of the draft of the new constitution has submitted certain plates containing the main lines of the new constitution under preparation. Different areas or themes are discussed. Here is a summary of the provisions that will be adopted if the project is approved in the referendum proposed by the executive.

Political system, Executive
1. A President elected
by universal suffrage at the
same time as a vice-president.

 

2. The president is no longer a minor, he is responsible for the acts he takes within the framework of his duties.

Political system, Parliament
1. A single chamber, the chamber of deputies.
2. Strengthening of the legislative area
3. Strengthening of the area of ​​control of the action of the Executive.
4. Introduction of deadlines for voting on laws and ratifying appointments,
treaties, conventions and international agreements
5. Deadlines for voting on finance laws and payment laws necessary for discharge for authorizing officers and
public accountants .

Political regime, Justice
1.creation of the two orders of courts at the top of which is
the Court of Cassation

 

• Judicial order
1. The courts of the judicial order
settle disputes of a civil, criminal, commercial nature and, in
general, all disputes between private persons.

2. Reinforcement of the independence of magistrates replacement of the term Government Commissioner by Prosecutor

3. A large place is given to the school of the judiciary and the Superior Council of the Judicial Power in matters of recruitment;
4.devolution of the disciplinary function to the Superior Council of the Judicial Power for all magistrates

• administrative order
1. Courts of the administrative order settle disputes involving the State,
local authorities, public administration, public
officials, public services
and citizens.

 

Superior Court of Accounts
1. The separation of judicial control from the management of public accountants, administrative disputes and the prosecution of acts of corruption or misappropriation.

Administrative order

1. If facts of corruption or misappropriation appear to it within the framework of its missions, the Superior Court of Accounts seizes the Prosecutor at the Court of First Instance of the jurisdiction which diligates legal proceedings against the authorizing officers and public accountants suspected of financial embezzlement.

Constitutional Court
1. respect for the Constitution.

2. verification of the constitutionality of laws, of the regulations of the Chamber of Deputies, of treaties,
conventions and international agreements.

Territorial communities and decentralization
• Department

 

1. The organs of the department are:
a) the departmental council
b) the assembly of mayors.

2. The departmental council is made up of three (3) members elected for five years by the assembly of mayors:
a) a president (or governor);
b) two (2) vice-presidents (or
vice-governor)

Commune

1. A mayor is elected by direct universal suffrage
2. Deputy mayors chosen by the mayor

• Communal section

1. A coordinator elected by direct universal suffrage.
2. Establishment of the administrative structures of the municipal section

Elections
• The separation of electoral operations and electoral disputes

1. Permanent electoral council in charge of organizing and controlling all electoral operations on the territory of the Republic until the proclamation of the results of the poll.

2. Electoral tribunal in charge of examining and settling all electoral disputes, from registration on the electoral roll to the results of the elections.

3. The harmonization of the mandate of the President of the Republic, of the deputies and of the elected representatives of the territorial communities at 5 years.

Appointment within the specialized bodies provided for by the Constitution

1. Requirement of skills and professional experience.

2. Guarantee of the independence of the members of the said bodies

Economy
An independent competition authority will be responsible for helping to organize and
regulate the public and private economic sector.

Women and Youth

A quota of at least thirty five percent (35%) of women recognized at all levels of
national life , especially in public services.

Lowering of the age of access to elective functions to 25 years.

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