(Opinion) Institutional arbitration and continuity of the State: the executive facing the budgetary blockage of the LFR (by Abdoulaye Santos NDAO)

I invite the President of the Republic, Bassirou Diomaye Faye, to exercise the fullness of his constitutional prerogatives in order to compensate for the refusal of the National Assembly to adopt the draft Amending Finance Law (LFR).
Under article 42 of the Constitution, the President of the Republic is the “guarantor of the regular functioning of public powers” ​​and the continuity of the State. Faced with a parliamentary impasse which threatens the execution of public policies and the financial credibility of the Nation, the Senegalese legal system offers precise safeguard mechanisms.
Mr. President, it is appropriate to implement the decrees in advance, in accordance with the provisions of article 23 of the Organic Law relating to Finance Laws (LOLF).
This legal framework expressly authorizes the Government, in cases of emergency and compelling necessity of national interest, to open additional credits by decree without the prior agreement of Parliament, subject to subsequent ratification.
Furthermore, if the paralysis persists on the overall text, the Constitution offers the Prime Minister the option of holding the Government accountable before the National Assembly for the vote on the text, in accordance with the mechanisms of article 86, paragraph 6.
Respect for the separation of powers cannot mean the blocking of institutions. Republican legitimacy and constitutional architecture provide the executive power with all the legal provisions necessary to overcome obstruction and protect the superior interests of the Senegalese people.
Bassirou Diomaye Faye
Prime Minister of Senegal
Aminata Toure
Abdoulaye Santos NDAO
Lawyer – KIIRAY THE REPUBLICAN PATRIOTS