On October 5, 2026, Senegal's Constitutional Council made a significant ruling regarding a proposal to modify the country's oil code. The council declared the proposal, numbered 37/26, irreceivable. This decision, numbered 9/C/2026, was made after the council examined the proposal's compatibility with the country's constitution. The proposal aimed to amend article 20 of the oil code.
The council's decision was made in response to a request from the Prime Minister, who sought clarification on whether the proposal fell within the domain of law. The Prime Minister's request, made on September 28, 2026, argued that the proposal's dispositions were of a regulatory nature, making it irreceivable. The council found this argument valid, citing article 83 of the constitution.
Article 83 of the constitution states that if a proposal is not within the domain of law, the Prime Minister and other government members can oppose its receivability. The council deemed the Prime Minister's request recevable, as it was submitted in accordance with the constitution's provisions. The proposal in question sought to require the government to submit oil contracts to the National Assembly for debate before their approval by decree.
The Prime Minister argued that the proposal violated articles 67 and 76 of the constitution, which define the separation of powers between law and regulation. However, the President of the National Assembly countered that the proposal did not replace presidential approval and invoked the African Charter on Human and Peoples' Rights.
The Constitutional Council ultimately rejected these arguments, finding that the proposal did not simply aim to inform or control the government's actions but rather established a procedural condition for exercising regulatory power. As this matter is not reserved for law by any constitutional provision, the council concluded that it had a regulatory character.
The council's decision was made by a panel consisting of President O. Diagne, Vice-President Aminata Ly Ndiaye, and other members, including Youssouphe Diaw Mbodj, Awa Diéye, and Mouhamadou Bachirou Séye. The decision was published in the Official Journal, as ordered by the council.
The Constitutional Council's decision has significant implications for Senegal's oil sector, as it maintains the current regulatory framework. The council's ruling underscores the importance of respecting the separation of powers and the domain of law in the country's legislative process.
Key points
- The Constitutional Council declared the proposal to modify the oil code irreceivable.
- The council found that the proposal's dispositions were of a regulatory nature, not within the domain of law.
- The decision maintains the current regulatory framework for Senegal's oil sector.
