95

Article 95 In addition to the issues that are directed to it by other Articles of the Constitution: I The law establishes the rules concerning: 1° the civil rights and the fundamental guarantees granted to individuals, associations, political parties and to any other group for the exercise of the rights and the freedoms as well as their duties and obligations; 2° international relations; 3° nationality; 4° the Central Bank and the regime of emission of the currency; 5° the circulation of persons; 6° the rules of civil and commercial procedure; 7° the rules of administrative and financial procedure; Madagascar 2010 Page 21 constituteproject.org PDF generated: 31 Oct 2013, 18:43 8° the determination of crimes and misdemeanors as well as the penalties applicable to them, the criminal procedure, amnesty; 9° the rules relative to the conflicts of the laws and of the competences; 10° the creation of new orders of jurisdictions and their respective competences as well as their organization and the rules of procedure that are applicable to them; 11° the organization of the family, the state and the capacity of persons, the matrimonial regimes, inheritance and gifts; 12° the juridical regime of property, of real rights, of civil and commercial obligations and the conditions in which assets may be subject to expropriation or to requisition for cause of public necessity or for transfers of property to the State; 13° the creation of categories of public establishments; 14° the status and the regime of autonomy of the Universities, as well as the status of the teachers of superior education 15° The grand orientations of development of primary and secondary education 16° the strategic resources; 17° the organization and the functioning of the Decentralized Territorial Collectivities; 18° the particular status of the Capital of the Republic, of certain portions of the national territory, of the Palaces of State and other buildings belonging to the domain of the State, of the ports and of their hub and spoke networks, of the airports and the regime of the maritime resources; 19° the nature and the base of the taxes and assessments of the Decentralized Territorial Collectivities. 20° the Council of the Malagasy National Order; 21° urbanism and habitat; 22° the conditions of ownership of land by foreigners; 23° the conditions of transference to the State of the lands not valued; 24° the organization, the functioning and the attributions of the General Inspection of the State and of the other organs of control of the Administration; II The law determines the general principles: 1° of the organization of the national defense and of the use of the Armed Forces or of the Forces of Order by the civil authorities; 2° the general status of the civil and military functionaries of the State and of the territorial functionaries; 3° of the right to work, of the syndical right, of the right to strike and of social welfare; 4° of the transfer of property of an enterprise or of an organ from the public sector to the private sector and vice versa; 5° of the organization or of the functioning of the different sectors of juridical, economical, social and cultural activity; 6° of the protection of the environment. III The declaration of war may only be authorized by the Parliament meeting in Congress by the absolute majority of all the members composing it. Madagascar 2010 Page 22 constituteproject.org PDF generated: 31 Oct 2013, 18:43