constituteproject.org • International law • Legal status of treaties PDF generated: 18 Apr 2016, 15:22 Article 216 If the Constitutional Court consulted by the President of the Republic, by the Prime Minister, the President of the National Assembly or the President of the Senate, by a tenth of the Deputies or a tenth of the Senators, declares that an international treaty or agreement includes a clause contrary to the Constitution, the ratification or approval may only intervene after the revision of the Constitution. • International law Article 217 The Democratic Republic of the Congo may conclude treaties or agreements of association or of community which involve a partial relinquishment of sovereignty with a view to promote African unity. TITLE VII: OF THE REVISION OF THE CONSTITUTION • Constitution amendment procedure Article 218 [Amended by Law No. 11/002 of 20 January 2011.] The initiative of the constitutional revision belongs concurrently:   1. to the President of the Republic;   2. to the Government after deliberation in the Council of Ministers;   3. to either of the Chambers of the Parliament at the initiative of half of its members;   4. to a fraction of the Congolese people, with the concurrence of 100,000 persons, expressed by petition addressed to one of the two Chambers. Each of these initiatives is submitted to the National Assembly and to the Senate which decide, with the absolute majority of each Chamber, on the substance of the Bill, of the proposal or of the petition for revision. The revision is only definitive if the Bill, the proposal or the petition is approved by referendum on the convocation of the President of the Republic. However, the Bill, the proposal or the petition is not submitted to referendum when the National Assembly and the Senate meeting in Congress approve it by the majority of three-fifths of the members composing it. Article 219 No revision may intervene during the state of war, the state of urgency or the state of siege, or during the interim in the Presidency of the Republic or when the National Assembly and the Senate are prevented from meeting freely. Congo (Democratic Republic of the) 2005 (rev. 2011) Page 63

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