TITLE VIII. OF THE JUDICIAL POWER
Article 205
Justice is rendered by the courts and tribunals in all the territory of the Republic in the name of the Burundian People.
The role and duties of the Public Ministry are fulfilled by the Prosecuting Magistrates. However, the judges of the Ordinary Tribunals of Residence and the officers of the police may fulfill vis-à-vis these tribunals the duties of the Public Ministry under the surveillance of the Prosecutor of the Republic.
An organic law establishes the organization and the judicial competences.
Article 206
Trials are public, except in closed-door cases pronounced by the judicial decision, when publicity would be dangerous to public order or good morals.
Article 207
All judicial decisions must be substantiated before pronouncing it before a public audience.
Article 208
The judicial power is structured in a manner to reflect the composition of the population.
The procedures of recruitment and nomination in the judicial body obeys the concern of promoting regional, ethnic, and gender equilibrium.
Article 209
The judicial power is impartial and independent of legislative or executive power.
In the exercise of its functions, the judge may not submit to any authority other than the Constitution and the law.
The President of the Republic, Head of State, is responsible for the independence of the Magistracy. The Superior Council of the Magistracy assists the President in this mission.
1. Of the Superior Council of the Magistracy
Article 210
The Superior Council of the Magistracy watches over the proper administration of the Justice. It is responsible for the independence of the seated magistrates to exercise of their functions.
Article 211
The Superior Council of the Magistracy is the highest disciplinary instance of the Magistracy. It recognizes the complaints of individuals or the Ombudsman concerning the professional conduct of the Magistrates as well as the recourses for the Magistrates against the disciplinary measures or claims concerning their career.
Article 212
A magistrate may only be dismissed for a professional fault or incompetence, and only by proposition of the Superior Council of the Magistracy.
Article 213
The Superior Council of the Magistracy assists the President of the Republic and the Government in:
- The elaboration of policy on the matter of justice;
- The following of the situation of the country in the judicial and human rights domain;
- The elaboration of the strategies against impunity.
Article 214
In their career, the Magistrates are appointed by Decree of the President of the Republic on a proposal of the Minister having justice within their attributions, after the opinion of the Superior Council of the Magistracy. Those of the Ordinary Tribunals of Residence are appointed by ordinance of the Minister having justice within his attributions following the same procedure.
Article 215
All nomination to judicial functions referred to in Article 188,9, except to the Constitutional Court, are made by the President of the Republic on a proposal by the Minister having justice within his attributions, after the opinion of the Superior Council of the Magistracy and confirmation by the Senate.
Article 216
The Superior Council of the Magistracy annually produces a report on the state of the judiciary, which it addresses to the Government, the National Assembly and the Senate.
Article 217
The Superior Council of the Magistracy is balanced ethnically, regionally, and by gender. It is comprised of:
- Five members designated by Government,
Three judges of superior jurisdictions, Two magistrates from the Public Ministry, Two judges of the Ordinary Tribunals of Residence, Three members exercising a juridical profession in the private sector.
The members of the second, third and fourth category are elected by their peers.
Article 218
The members of the Superior Council of the Magistracy are nominated by the President of the Republic after the Senate.
Article 219
The Superior Council of the Magistracy is presided over by the President of the Republic assisted by the Minister having justice within his attributions.
Article 220
An organic law determines the organization and the functioning of the Superior Council of the Magistracy as well as the modalities of the designation of its members.
2. Of the Supreme Court
Article 221
The Supreme Court is the highest ordinary jurisdiction of the Republic.
It is responsible for the proper application of the law by the courts and tribunals.
Article 222
The judges of the Supreme Court are nominated by the President of the Republic on the proposition of the appropriate Minister, after the opinion of the Superior Council of the Magistracy and with approval of the Senate.
Article 223
It is instituted, near the Supreme Court, a general office of the Republic whose members are nominated of the same manner as the judges of the Supreme Court.
Article 224
An organic law specifies the composition, the organization, the competence and the functioning of the Supreme Court as well as the applicable procedure before it.
3. Of the Constitutional Court
Article 225
The Constitutional Court is the jurisdiction of the State for constitutional matters. It is the judge of the law’s constitutionality and the interpretation of the Constitution.
Article 226
The Constitutional Court is composed of seven members. They are nominated by the President of the Republic and after approval of the Senate. They have a mandate of six years nonrenewable.
At least three members of the Constitutional Court are career magistrates.
The President, Vice-President and the career magistrates are permanent.
The members of the Constitutional Court are chosen among jurists recognized for their moral integrity, their impartiality and their independence.
Three members of the Constitutional Court are nominated before the entry into force of the Constitution and have a mandate limited to three years. They are chosen by drawing of lots assured by the President of the court, assisted by his adjunct in course of his public audience.
Article 227
The Constitutional Court may only sit validly if at least five of its members are present. Its decisions are taken with the absolute majority of the sitting members, the voice of the President being decisive in the case of equal sharing of the voices.
Article 228
The Constitutional Court is competent to:
- Decide on the constitutionality of the laws, and on the regulatory acts taken in the matters other than those belonging to relevant the domain of the law;
Assure the respect for the Constitution, including the Charter of Fundamental Rights, by the organs of the State, and the other institutions; Interpret the Constitution, at the request of the President of the Republic, of the President of the National Assembly, of the President of the Senate, of one quarter of the Deputies or of one quarter of the Senators; Decide on the regularity of the presidential and legislative elections and of the referenda and to proclaim the definitive results of them; Receive the oath of the President of the Republic, of the Vice-Presidents of the Republic and of the members of the Government before their entry into their functions; Declare the vacancy of the position of President of the Republic.
The organic laws before their promulgation, the internal regulations of the National Assembly and of the Senate before their application, are submitted obligatory to the control of constitutionality.
Article 229
The Constitutional Court is equally competent to decide on the cases specified in Articles 115, 157, 160, 161, 188, 234 and 296 of this Constitution.
Article 230
The Constitutional Court is referred to a matter by the President of the Republic, the President of the National Assembly, the President of the Senate, by one-quarter of the members of the National Assembly or one-quarter of the members of the Senate, or by the Ombudsman.
Every natural or legal person interested, including the Public Ministry, may refer the Constitutional Court to a matter of the constitutionality of the laws, either directly by way of an action or indirectly by the procedure of exception of unconstitutionality invoked in a matter submitted to another jurisdiction.
This one postpones its decision until the decision of the Constitutional Court which must intervene within a period of thirty days.
Article 231
A provision declared unconstitutional may not be promulgated or implemented.
The decisions of the Constitutional Court are not susceptible to any recourse.
Article 232
An organic law determines the organization and the functioning of the Constitutional Court as well as the procedure applicable before it.
4. OF THE HIGH COURT OF JUSTICE
Article 233
The High Court of Justice is composed of the Supreme Court and of the Constitutional Court reunited. It is presided over by the President of the Supreme Court; the Public Ministry is represented by the General Prosecutor of the Republic.
Article 234
The High Court of Justice is competent to judge the President of the Republic for high treason, and the President of the National Assembly, the President of the Senate and the Vice-Presidents of the Republic for crimes and misdemeanors committed during their mandate.
The instruction and the judgment take place before any other affair.
The decisions of the High Court of Justice are not susceptible to any recourse expect by pardon or revision.
Article 235
In the case of conviction, the President of the Republic, the Vice-Presidents of the Republic, the President of the National Assembly and the President of the Senate are relieved of their functions.
Article 236
An organic law establishes the rules of organization and of functioning of the High Court of Justice as well as the procedure applicable before it.
