Benin 1990 Constitution - Page 6 of 13

Table of Contents

TITLE V. THE CONSTITUTIONAL COURT

ARTICLE 114

The Constitutional Court shall be the highest jurisdiction of the State in constitutional matters. It shall be the judge of the constitutionality of the law and it shall guarantee the fundamental human rights and the public liberties. It shall be the regulatory body for the functioning of institutions and for the activity of public authorities.

ARTICLE 115

The Constitutional Court shall be composed of seven members, four of whom shall be appointed by the Office of the National Assembly and three by the President of the Republic for a term of five years renewable only one time. No member of the Constitutional Court may sit for more than ten years.

In order to be a member of the Constitutional Court, besides the condition of professional competence, one must have good morals and great honesty.

The Constitutional Court shall include:

Three magistrates having at least fifteen years of experience, two of whom shall be appointed by the Office of the National Assembly and one by the President of the Republic;

Two high level jurists, professors or practicing lawyers having at least fifteen years of experience, one appointed by the Office of the National Assembly and the other by the President of the Republic.

Two persons of great professional reputation, one appointed by the Office of the National Assembly and the other by the President of the Republic.

The members of the Constitutional Court shall be irremovable for the duration of their term of office. They may not be prosecuted or arrested without the authorization of the Constitutional Court and the Office of the Supreme Court sitting in joint session except in cases of flagrant offence. In these cases the matter must be referred to the President of the Constitutional Court and to the President of the Supreme Court immediately and within forty-eight hours at the latest.

The duties of a member of the Constitutional Court are incompatible with the position of a member of the Government, with the exercise of any elective mandate, with all public employment-civil or military, with any other professional activity as well as with any office of national representation except in the situation provided for in Article 50 paragraph 3.

An organic law shall determine the organization and operation of the Constitutional Court, the procedure followed before it, especially the periods of time for appeals to it as well as the immunities and the disciplinary regulation of its members.

ARTICLE 116

The President of the Constitutional Court shall be elected by his peers among the magistrates and the jurists members of the Court for a term of five years.

ARTICLE 117

The Constitutional Court shall

Rule obligatorily on:

The constitutionality of organic laws and of laws in general in advance of their promulgation;

The Rules of Procedure of the National Assembly, of the High Authority of Audio-Visuals and Communications, and of the Economic and Social Council in advance of their enforcement with regard to their conformity to the Constitution;

The constitutionality of laws and regulatory acts deemed to infringe on fundamental human rights and on public liberties, and in general on the violation of the rights of the individual;

The conflicts of prerogatives between the institutions of the State.

Oversee the regularity of the election of the President of the Republic; examine the objections; rule on the irregularities that it may have found itself, and proclaim the results of the balloting; rule on the regularity of the referendum and proclaim its results;

Rule, in contested cases, on the regularity of legislative elections;

Make up the legal portion of the High Court of Justice with the exception of its President.

ARTICLE 118

It shall be equally competent to rule on the situations provided for in Articles 50, 52, 57, 77, 86, 100, 102, 104 and 147.

ARTICLE 119

The President of the Constitutional Court shall be competent to:

Hear the oath of the President of the Republic in the situations provided for in Articles 58 and 68;

Stablize the interim period of the President of the Republic in the situation provided for in Article 50 paragraph 3.

ARTICLE 120

The Constitutional Court must rule within a period of fifteen days after it has been made cognizant of a text of a bill or of a complaint of the violation of human rights and of public liberties. However, at the demand of the Government, if there is an emergency, this period shall be reduced to eight days. In this case, the submission of the matter to the Constitutional Court shall suspend the deadline for the promulgation of the law.

ARTICLE 121

The Constitutional Court, at the request of the President of the Republic or of any member of the National Assembly, shall give its opinion on the constitutionality of laws in advance of their promulgation.

It shall give its opinion automatically on the constitutionality of laws and of any regulatory text deemed to infringe on the fundamental human rights and on the public liberties. It shall decide more generally on the violations of the rights of the individual and its decision must be reached within a period of eight days.

ARTICLE 122

Any citizen may complain to the Constitutional Court about the constitutionality of laws whether directly or whether by the procedure of the exception of unconstitutionality invoked in a matter which concerns him before a court of law. This must grant a stay until the decision of the Constitutional Court which must be reached within a period of thirty days.

ARTICLE 123

The organic laws in advance of their promulgation; the Rules of Procedure of the National Assembly, of the High Authority of Audio-Visuals and of Communications, and of the Economic and Social Council before their enforcement must be submitted to the Constitutional Court which shall give its decision on their conformity to the Constitution.