The process of making laws in the DRC follows several steps and involves various state institutions. Here's a general outline of how laws are made in the country:
1. Legislative Initiative:
- Lawmaking can be initiated by different entities:
- The Government (through its Prime Minister and ministers)
- Members of the Parliament
- The Senate
2. Drafting of the Bill:
- The sponsoring institution prepares a draft of the proposed legislation.
- The draft bill contains the title, preamble, body (articles), and any annexes.
3. Presentation of the Bill:
- The draft bill is presented to the relevant legislative body: the National Assembly (lower house) or the Senate (upper house).
- The bill is introduced by a member of the sponsoring institution or a designated representative.
4. Consideration by Parliamentary Committees:
- The bill is referred to the appropriate parliamentary committee(s) for examination, study, and amendments if necessary.
- Committees hold public hearings, consult with stakeholders, experts, and the public.
- The committees prepare a report of their deliberations on the bill.
5. Parliamentary Debate and Voting:
- The bill, along with the committee report, is presented for debate in plenary sessions of the National Assembly or the Senate.
- Members of Parliament discuss, propose amendments, and vote on the bill.
- Voting is usually done by a majority vote, though certain bills may require a special majority.
6. Concurrence between the National Assembly and the Senate:
- If a bill passes in one chamber but not the other, or if amendments are made, the bill is sent back for concurrence or reconciliation.
- Bills must be passed in the same form by both the National Assembly and the Senate to proceed to the next step.
7. Presidential Promulgation:
- Once a bill is approved by both houses, it is sent to the President of the Republic for promulgation.
- The President can either sign the bill into law or return it to Parliament with objections or proposed revisions.
8. Publication of the Law:
- If the President signs the bill, it becomes law and is published in the Official Journal of the DRC.
- The publication of the law makes it effective and enforceable.
It's worth noting that the specific details of the legislative process may vary depending on the type of bill and other constitutional provisions. The constitution and procedural rules of the National Assembly and the Senate provide further guidance and regulations for the lawmaking process in the Democratic Republic of Congo.
