Promulgation de proposition de loi de Pastef : la lecture de Ndiaga Sylla (expert électoral)
Electoral expert Ndiaga Sylla offered his interpretation following the promulgation of the proposed law reforming Articles L28 and L29 of the electoral code. For him, this is, for the moment, just the first round. His analysis is below.
"The President had a legal and political obligation to promulgate the bill amending the electoral code after its adoption. That is why I am not surprised by its promulgation, even if the date of its effective date remains debatable."
Legally, it is neither a constitutional nor an organic law. Consequently, referring the matter to the Constitutional Council becomes optional.
Politically, the President could not disavow his party given the current balance of power. However, he strove to respond to the parliamentary initiative with the required republican decorum, while also recalling the draft texts resulting from the political dialogue he himself had initiated.
It's a shame that his opinion wasn't properly appreciated because of the ineligibility syndrome.
To better judge the stance of our leaders, we will have to wait for the finalization of constitutional and institutional reforms, in particular the draft electoral code.
Regarding the content of the new law, in addition to maintaining the retroactive clause, there are still gaps in the law amending the electoral code. The reference to Article L.28 is inconsistent. The cases covered by L.28 are those that do not prevent registration on the electoral lists.
And this reform, although consolidating, does not take into account either the distinction between the right to vote and eligibility, or the proportionality between the offense and exclusion from the electoral lists, in violation of international norms and standards.
The date of promulgation of the law adopted on second reading, as well as the absence of any appeal, constitute a textbook case that only the Constitutional Court could have clarified... We eagerly await the rematch.
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