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28. the execution of customary law;
29. provincial planning.
• National vs subnational laws
Article 205
A Provincial Assembly cannot legislate on the matters of the exclusive competence
of the Central Power. Reciprocally, the National Assembly and the Senate cannot
legislate on the matters of the exclusive competence of a Province.
However, the National Assembly and the Senate may, by a law, enable a Provincial
Assembly to make edicts on the matters of the exclusive competence of the Central
Power. When the National Assembly and the Senate terminate the delegation of
power so given to the Provincial Assembly, the provisions of the provincial edicts
promulgated in matters of the exclusive competence of the Central Power by virtue
of the delegation of power, remain nevertheless in force in the interested Province
until a national law has regulated those matters.
In Parallel, a Provincial Assembly can, by an edict, enable the National Assembly and
the Senate to legislate on matters of the exclusive competence of the Province.
When the Provincial Assembly terminates the delegation of power so given to the
National Assembly and the Senate, the provisions of the national laws promulgated
in the matters of the exclusive competence of the Provinces, by virtue of the
delegation of power, remain nevertheless in force in the interested Province until a
provincial edict has regulated them.
In the matters concerning the concurrent competence of the Central Power and the
Provinces, any provincial edict incompatible with the national laws and regulations
of execution is null and abrogated of plain right, to the extent that there is
incompatibility.
The national legislation takes precedence over the provincial edict.
Article 206
Excepting provisions of the national legislation to the contrary, the Provincial
Governments execute, by the intermediary of their services, the national laws and
regulations.
Section 3: Of the Customary Authority
Article 207
The customary authority is recognized.
It is devolved conforming to local custom, provided that it is not contrary to the
Constitution, to the law, to public order and to good morals.
Each customary chief [who] desires to exercise a public elective mandate must
submit himself to election, except in application of the provisions of Article 197,
paragraph 3 of this Constitution.
The customary authority has the duty to promote national unity and cohesion.
A law establishes the status of the customary chiefs.
Congo (Democratic Republic of the) 2005 (rev. 2011)
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