Syrian Arab Republic 2017 Draft Constitution - Page 3 of 6

Table of Contents

Chapter 3. Legislative Authority

Article 34

The legislative authority is assumed on behalf of the Syrian people by the People’s Assembly and the Constituent Assembly in the manner prescribed by the Constitution and applicable laws.

Article 35

Members of the People’s Assembly shall be elected by the public, secret, direct and equal vote. They shall represent the whole people of Syria.
The People’s Assembly term shall be four calendar years from the date of its first meeting
The People’s Assembly shall continue to meet and exercise legislative authority until the new People’s Assembly is elected and holds its first meeting.
If the membership of a member of the People’s Assembly is vacant for some reason, an alternative shall be elected within sixty days from the date of the membership vacancy, provided that the remaining term of the People’s Assembly is no less than six months. The membership of the new member shall end by the expiry date of the mandate of the Assembly’s term. The Election Law shall determine the cases of vacant membership.

Article 36

The system of electing members of the People’s Assembly, their number and status shall be determined by a law.
Voters shall be the citizens who have completed eighteen years of age and meet the conditions stipulated in the Election Law.
The Election Law shall include the provisions that ensure:
1. the freedom and safety of voters, the right to choose their representatives and the integrity of the electoral procedures;
2. the right of candidates to supervise the electoral process;
3. liability for those who abuse the will of the voters;
4. identifying the regulations of financing election campaigns;
5. organization of the election campaign and the use of media outlets.
Elections shall be held during the sixty days preceding the expiry date of the mandate of the People’s Assembly term.

Article 37

The Supreme Constitutional Court shall have jurisdiction to consider appeals related to the elections of the members of the People’s Assembly.
Appeals shall be submitted by the candidate within three days from the date of announcing the results; and the court shall make its final judgment within seven days from the expiry date of submitting appeals.

Article 38

The People’s Assembly shall convene following a decree of the President of the Republic within fifteen days after the mandate of the current People’s Assembly expires.
The People’s Assembly shall meet on the sixteenth day after the mandate of the current People’s Assembly expires, if there is no decree by the President of the Republic.

Article 39

The People’s Assembly shall call for three regular sessions per year; the total of which should not be less than six months, and the Assembly’s rules of procedure shall set the time and duration of each of them.
The People’s Assembly may be invited to extraordinary sessions upon the request of the Speaker, of one third or more of the members of the People’s Assembly, or of the President of the Republic.
The last legislative session of the year shall remain open until the approval of the state budget.

Article 40

The Constituent Assembly shall be formed to ensure participation of representatives of the constituent parts in legislative activities and administration of the state.
The Constituent Assembly consists of representatives of the constituent parts.
The law shall specify how members of the Constituent Assembly are delegated, their number, status and term of service.

Article 41

The People’s Assembly and the Constituent Assembly hold sessions separately.
The People’s Assembly and the Constituent Assembly may meet together to elect and to hear the Prime Minister, the President of the Republic, speeches of leaders of foreign states, and in other cases specified by the Constitution and law.
The People’s Assembly and the Constituent Assembly shall adopt the rules of procedure to coordinate their work and exercise authority.
The People’s Assembly and the Constituent Assembly elect speakers from among their members. In accordance with the rules of procedure the speakers shall represent the Assemblies and perform organizational functions.
The People’s Assembly and the Constituent Assembly may form committees from among their members to deal with the issues related to exercising their authority.

Article 42

In carrying out their duties, the members of the People’s Assembly and the Constituent Assembly shall be guided by the Constitution, and their mandate can be restricted only in accordance with the Constitution.
The members of the People’s Assembly and the Constituent Assembly shall not use their mandate for personal gain outside the focus of their activity. A law shall specify activities that can not be combined with the mandate of a member of People’s Assembly and a member of the Constituent Assembly.
The members of the People’s Assembly and the Constituent Assembly can not be held legally responsible for their votes or political opinions expressed in exercising their authority.
Before taking office the members of the People’s Assembly and the Constituent Assembly shall give the constitutional oath stated in Article 17 of the Constitution.
A member of People’s Assembly and a member of the Constituent Assembly can not be detained, arrested, searched or brought before the court without a prior permission from the Assembly to which he belongs.
A member of People’s Assembly and a member of the Constituent Assembly caught in the act may be detained and searched. The Minister of Justice shall immediately notify the Speaker of the respective Assembly about the detention and search. If the notified Assembly (and, if the Assembly is not in session, the Speaker) states that there are no grounds for detention, the measure shall be canceled immediately. If the Assembly is not in session, the Speaker of the Assembly shall call it for a special session to consider initiating criminal proceedings against the member of the Assembly and applying restraining measures.
The emoluments and compensations to members of the People’s Assembly and the Constituent Assembly shall be determined by a law.

Article 43

The People’s Assembly undertakes the following functions:

approval of laws;
calling an election of the President of the Republic;
performing a vote of no-confidence to the government;
ratification of international agreements and conventions;
approval of international treaties and agreements, granting privileges to foreign companies, approval of international treaties and agreements entailing additional expenses not included in the budget, or contracts and agreements related to state loans, or those that require new legislation to become effective;
approval of a general amnesty;
deciding whether to terminate the mandate of an Assembly member.

Article 44

The Constituent Assembly performs the following functions:
1. approval of laws;
2. performing a vote of no-confidence to the government;
3. resolving issues of war and peace;
4. terminating the mandate of the President of the Republic;
5. approval of the President’s decision to declare the state of emergency or mobilization;
6. appointment of judges of the Supreme Constitutional Court;
7. appointment and dismissal of the Chairman of the National Bank of Syria;
8. deciding whether to terminate the mandate of an Assembly member.

Article 45

The legislative initiative belongs to the members of the People’s Assembly, of the Constituent Assembly, the President of the Republic and the Government.
Upon the request by administration of a territorial unit the Constituent Assembly shall have the right to send bills to the People’s Assembly for consideration.
Bills shall be submitted to the People’s Assembly.

Article 46

Laws shall be adopted by the People’s Assembly.
A law is adopted by a majority vote of all deputies of the People’s Assembly.
Laws adopted by the People’s Assembly shall be submitted within five days to the Territories Assembly for consideration.
A law is considered approved by the Constituent Assembly, if more than half of the total number of its members voted in favor of it.
If the Constituent Assembly rejects the law a conciliatory commission may be set up by the Assemblies to resolve differences, whereupon the law shall be reconsidered by the Constituent Assembly.
If the People’s Assembly disagrees with the decision of the Constituent Assembly, the law shall pass if at least two thirds of the total number of deputies of the People’s Assembly voted for it the second ballot.
The law approved or adopted in the second ballot shall within five days be forwarded to the President of the Republic, who shall sign it and promulgate it within fourteen days.
The President of the Republic has the right to reject the law within fourteen days after receiving it. In this case the People’s Assembly and the Constituent Assembly shall have the right to reconsider the law. If after the reconsideration the law is approved in its earlier adopted edition by at least two thirds of the total number of members of the People’s Assembly and the Constituent Assembly, it shall be signed and promulgated by the President of the Republic within seven days.

Article 47

For every fiscal year there shall be one budget; and the beginning of a fiscal year shall be determined by a law. Appropriations cannot be transferred from one title to another except according to the provisions of the law.
The Government shall submit the draft budget to the People’s Assembly at least two months before the beginning of the fiscal year.
The budget shall be considered, approved, signed and promulgated in the order prescribed by Article 46 of the Constitution. The People’s Assembly shall vote separately on each title of the budget.
If the process of approving and promulgating the budget is not complete before the beginning of the new fiscal year, the budget of the previous years is used until the new year budget is approved, and the revenues are collected in accordance with the laws and regulations in force.
The budget may be approved together with laws which could create new expenditures and new revenues to cover them.
The final accounts of the fiscal year shall be presented by the Government to the People’s Assembly within a period not longer than one year as of the end of this year.