President of The Democratic Republic of The Congo - Presidential Powers

Presidential Powers

The semi-presidential system established by the constitution is largely borrowed from the French constitution. Although it is the prime minister and parliament that oversee much of the nation's actual lawmaking, the president wields significant influence, both formally and from constitutional convention. The president holds the nation's most senior office, and outranks all other politicians.

Perhaps the president's greatest power is his or her ability to choose the prime minister. However, since only the National Assembly has the power to dismiss the Prime Minister's government, the president is forced to name a prime minister that commands the support of the majority of this assembly.

• When the majority of the Assembly has opposite political views to that of the president, this leads to political cohabitation. In that case, the president's power is diminished, since much of the de facto power relies on a supportive prime minister and National Assembly, and is not directly attributed to the post of president. Still, the constitutional convention is that the president directs foreign policy, though he must work on that matter with the Minister of Foreign Affairs.
• When the majority of the Assembly sides with him, the President can take a more active role and may, in effect, direct government policy. The prime minister is then often a mere "fuse" – and can be replaced if the administration becomes unpopular.

Among the formal powers of the president:

• The president promulgates laws.
• The president has a very limited form of suspensive veto: when presented with a law, he or she can request another reading of it by Parliament, but only once per law.
• The president may also refer the law for review to the Constitutional Council prior to promulgation.
• The president may refer laws to popular referendum, within certain conditions.
• The president names certain high officials (with the assent of the cabinet).
• The president names certain members of the Constitutional Council.
• The president receives foreign ambassadors.
• The president may grant a pardon (but not an amnesty) to convicted criminals; the president can also lessen or suppress criminal sentences. This was of crucial importance when France still operated the death penalty: criminals sentenced to death would generally request that the president commute their sentence to life imprisonment.
• The President is the Supreme Commander of the Armed Forces, and thus heads the High Council on Defence.