The date of legal dissolution of the National Assembly and the deadline for organizing early legislative elections?

Following a confidential letter no. 000349/PR/CAB dated July 5, 2024, the President of the Republic Bassirou Diomaye Faye referred a request for an opinion to the Constitutional Council on the following two questions:

– What is the opinion of your jurisdiction on the date from which a legal dissolution of the National Assembly can be pronounced by the President of the Republic?

– From the date of legal dissolution of the National Assembly, what would be the deadline for organizing early legislative elections?

Article 2.- The dissolution of the National Assembly may be legally pronounced by
the President of the Republic from September 12, 2024;

Article 3.- The provisions of the Electoral Code relating to sponsorship are not
applicable to early legislative elections, in the event of dissolution of the Assembly
nationale ;

Article 4.- The vote takes place on a Sunday, 90 days at the latest after the date of
publication of the dissolution decree;

7. Considering, in fact, that it is clear from Article 87, paragraph 4, of the Constitution that in
case of dissolution: “the National Assembly cannot meet. However, the mandate of the
deputies expires only on the date of the proclamation of the election of the members of the
new National Assembly”; that it follows from this text that, if the decree of
dissolution has the effect of ending the legislature, it leaves the mandate of the
deputies which only ends with the proclamation of the election results;

8. Considering, furthermore, that Article 51 of the Organic Law on internal regulations
of the National Assembly provides that “the deputy is covered by immunity from
from the start of his mandate which takes effect upon proclamation of the election results
legislative by the Constitutional Council”; that by providing this, this text runs the
duration of the term of office of Members of Parliament from the publication of the Council decision
constitutional which gives elected officials their official status and immunity, while the
legislature begins with the activities of the National Assembly;