Bénin

Bénin senate’s internal rules: structure and powers unveiled

On July 30, 2026, in Porto-Novo, the Bénin Senate adopted its new internal rules, a comprehensive 103-article framework governing its organization, operations, and interactions with other state institutions. The rules define the Senate’s powers over certain laws, its role in political regulation, procedures for sanctioning political actors, and the rights and obligations of senators. This landmark document marks a pivotal moment in the institution’s evolution.

Former Bénin President Patrice Talon, now President of the Senate

General provisions
Senate organization and operations
Senate relations with the national assembly
Senate relations with the president of the republic
Procedures before the senate
Senators’ remuneration and ethics
Miscellaneous provisions

General provisions

Article 1: Object and scope

The internal rules define the Senate’s organization and operational modalities in alignment with constitutional provisions, particularly Articles 113-5 paragraph 4, 117, and 123. The rules apply to all Senate activities, senators, and laws passed by the National Assembly, excluding those that, under Article 113-2 paragraph 3 of the Constitution, cannot be subject to a second deliberation by the Senate.

Article 2: Designation

The Parliament of the Republic of Bénin consists of two assemblies, one of which is designated as the Senate. Senate members are referred to as senators, in accordance with Articles 79 and 113-1 of the Constitution.

Article 3: Senate powers

Within the constitutional framework, particularly the preamble and Title II on the rights and duties of the individual, the Senate is tasked with:

Regulating political life to safeguard and strengthen national unity, development, territorial defense, public security, democracy, and peace;
Upholding political ethics, state continuity, and political stability;
Ensuring respect for the political truce and adopting resolutions to improve political ethics;
Sanctioning political actors (excluding the President of the Republic, the President of the National Assembly, and the President of the Economic and Social Council) for acts or statements undermining national unity, development, territorial defense, public security, democracy, human rights, peace, state strengthening, or political stability.

In legislative matters:

Constitutional, electoral, and political party laws must receive a non-objection opinion from the Senate before promulgation;
The Senate may request a second deliberation of any law passed by the National Assembly (excluding finance laws, settlement laws, and programs);
In cases of persistent disagreement between the National Assembly and the President of the Republic after a second deliberation, the Senate, upon the President’s referral, deliberates and adopts the definitive text of the law.

Article 4: Senate composition

The Senate comprises two categories of members:

Ex-officio members:
- Former elected Presidents of the Republic;
- Former elected Presidents of the National Assembly who have served at least half of their term;
- Former Presidents of the Constitutional Court who have served at least half of their term.
Appointed members:
- Five high-ranking personalities who have commanded defense and security forces, appointed by the President of the Republic.

If the total number of members (ex-officio + appointed) does not reach 25, the President of the Republic and the President of the National Assembly appoint additional members, with the former appointing the remaining member in case of an odd number.

Article 5: Term of office for ex-officio members

Ex-officio senators serve indefinite terms, subject to Article 11.

Article 6: Term of office for appointed members

Appointed senators serve five-year terms, renewable from their installation;
A senator appointed to replace a retiring senator must be named no later than 30 days before the end of the outgoing senator’s term.

Article 7: Senate seat

The Senate’s seat is established in Cotonou. Sessions may be held elsewhere in the country under exceptional circumstances, as outlined in Article 26.

Senate organization and operations

Article 8: Operating principles

The Senate operates under the principles of political neutrality, transparency, and consensus-building, in strict adherence to the Constitution.

Article 9: Senator installation

Newly appointed or ex-officio senators are installed during the next ordinary or extraordinary session following their appointment or request. The Senate’s General Secretariat handles all necessary administrative procedures.

Article 10: Vacancy and replacement

In the event of a vacancy (death, resignation, permanent incapacity) of a non-ex-officio senator, replacement occurs within 30 days;
If the Senate’s membership falls below 25, the President of the Senate requests the President of the Republic or the National Assembly to appoint additional senators;
Replacement senators serve five-year terms;
Resignations are irrevocable.

Article 11: Age limit

Senators who reach 85 years of age automatically cease their functions the day after their 85th birthday.

Article 12: Bureau composition

The Senate’s Bureau, which oversees its operations, consists of:

A President;
A Vice-President;
A Rapporteur.
- The President and Vice-President must be chosen from among the Senate’s ex-officio members.

Article 13: Bureau election and term

The first Bureau is elected after the internal rules’ entry into force (see Article 103);
Bureau members serve five-year terms, renewable;
In cases of death, resignation, or permanent incapacity, replacements are elected within 30 days.

Article 14: Appointed rapporteur

During Bureau elections, the Senate also elects a deputy rapporteur, who is not a Bureau member.

Article 15: Bureau powers

The Bureau, led by its President, oversees the Senate’s administration and management.

Article 16: Powers of the President

The President of the Senate:

Leads the Senate, assisted by the other Bureau members, and represents it nationally and internationally;
Convenes and presides over sessions, plenary meetings, and Bureau meetings;
Is the head of the Senate’s administration and the budget controller;
Advises the President of the Republic (after consulting the other Bureau members) in cases provided by the Constitution;
Appoints (after consulting the other Bureau members) the Senate’s Secretary-General and Deputy Secretary-General.

The President may delegate certain powers to the Vice-President;
The President presents an activity report to the Senate during the first session of each year (published in the Official Gazette and on the Senate’s website).

Article 17: Vice-President powers

Substitutes for the President in case of absence or incapacity;
Exercises delegated powers from the President;
Ensures interim leadership in cases of the President’s death, resignation, or permanent incapacity, until a new President is elected.

Article 18: Rapporteur powers

Assists the President during plenary sessions;
Drafts and signs (with the President) the minutes of plenary sessions;
Ensures, under the President’s authority, the timely submission of reports.

Article 19: Deputy rapporteur powers

Substitutes for the Rapporteur in case of absence (without becoming a Bureau member);
Ensures interim leadership in cases of the Rapporteur’s death, resignation, or permanent incapacity, until a new Rapporteur is elected.

Senate relations with the national assembly

Article 42: Transmission of bills

According to Article 105 paragraph 3 of the Constitution:

Bill proposals are sent simultaneously to the President of the National Assembly and the President of the Senate by their authors;
The President of the National Assembly notifies the President of the Senate of admissible bill proposals.

Article 43: Transmission of passed laws

Per Article 86 paragraph 2 of the Constitution, laws passed by the National Assembly are sent simultaneously to the President of the Republic and the President of the Senate by the President of the National Assembly.

Article 44: Requesting second deliberation

The Senate’s resolution requesting a second deliberation of a law passed by the National Assembly is transmitted to the President of the National Assembly by the President of the Senate.

Article 45: Scope of second deliberation

A second deliberation request may cover:

The entire law;
Specific provisions only.

Article 46: Participation in National Assembly works

During a second deliberation requested by the Senate:

The Senate, represented by one or more senators, may attend the works of the National Assembly’s competent committee (at the request of the President of the National Assembly or the President of the Senate);
Senate representatives participate in the works to provide necessary clarifications but cannot take part in debates.

Senate relations with the president of the republic

Article 53: Presidential information

The President of the Republic is informed of the Senate’s session agendas before they begin, as well as any modifications during the session.

Article 54: Transmission of government bills

Per Article 105 paragraph 3 of the Constitution, government bills are transmitted simultaneously to the President of the National Assembly and the President of the Senate.

Procedures before the senate

Article 58: Examination of bills

Upon receipt of bills, the President of the Senate may decide to have them studied by:

The Senate’s Legal Support Office;
Experts. The resulting report may inform the examination of the passed law.

Article 60: Examination by senators

Each senator individually examines passed laws (with support from the Legal Support Office if needed);
For a law passed in first reading, each senator (individually or collectively) may submit a second deliberation request to the President of the Senate within five days (reduced to two days in urgent cases).

Article 62: Opening second deliberation procedure

If a second deliberation request is made by at least five senators or by the Senate’s Bureau within the deadlines, a procedure is initiated.

Article 63: Expert appointment

The Legal Support Office submits a list of experts (chosen from those approved by the Senate) to the President of the Senate;
The President of the Senate appoints one or more experts to report on the law.

Article 64: Approved experts list

A list of experts approved by the Senate is established;
Selection criteria include competence, independence, integrity, and pluralism;
Approval lasts three years;
Experts specialize in socio-economic, cultural, legal, and political domains;
Priority is given to Béninese nationals, with the possibility of appointing foreigners in their absence;
The list is approved by a Bureau decision.

Article 65: Experts’ work and reports

Experts are promptly notified (by the General Secretariat);
They examine the law in all its provisions or those specified by the President of the Senate;
For laws passed in first reading, they submit a report within three days (reduced to 24 hours in urgent cases);
Upon completion, they submit their report to the President of the Senate, who forwards it to the plenary.

Article 66: Senate deliberation on second deliberation request

The Senate deliberates and adopts the second deliberation request decision in accordance with its rules and the majority specified in Article 32;
The deliberation occurs within a maximum of 13 days (reduced to six days in urgent cases);
The President of the Senate notifies the decision to the President of the Republic, the National Assembly, and the Constitutional Court within these deadlines.

Senators’ remuneration and ethics

Article 93: Remuneration and benefits

Per Article 113-5 paragraph 3 of the Constitution, senators receive allowances and benefits determined by a decree issued in the Council of Ministers. These may vary depending on whether the senator already receives a political pension.

Article 96: Senators’ ethics

Senators must not be political actors or partisans;
They are subject to a political reserve obligation;
The Senate adopts an ethics code defining obligations and disciplinary rules for senators;
Senators must conduct themselves as dignified and loyal servants of the Republic;
In cases of a final criminal conviction for acts undermining honor and probity, the senator is stripped of their mandate by a Senate vote with a four-fifths majority (the concerned senator does not vote).

Miscellaneous provisions

Article 97: Senate autonomy

The Senate enjoys managerial autonomy and is subject to public accounting rules.

Article 98: Senate budget

Each year, after the National Assembly’s budget orientation debate, the Senate prepares its budget based on the President of the Senate’s guidelines and the government’s budget framework. The Senate votes on its budget in accordance with its deliberation and majority rules (see Article 32).

Article 103: Entry into force

The internal rules enter into force:

From the date of signing by the President of the Senate (or the session adoption president for the first rules);
After the Constitutional Court declares their conformity with the Constitution.