TITLE VIII. OF JUDICIAL POWER
Article 210
Justice is rendered by the courts and tribunals on all the territory of the Republic in the name of the Burundian people.
The role and the duties of the Public Ministry are fulfilled by the Prosecuting Magistrates.
An organic law establishes the organization and the judicial jurisdiction.
Article 211
The hearings of the jurisdictions are public, except in case of a closed session pronounced by judicial decision, when publicity is dangerous to the public order or to morality.
Article 212
Any judicial decision must be legitimated before being pronounced in a public hearing.
Article 213
The judicial power is structured to reflect in its composition the whole population.
The procedures of recruitment and appointment in the judicial corps imperatively obey the concern of promoting regional, ethnic, and gender balances.
The Magistrature includes at most 60% Hutu and at most 40% Tutsi. A minimum of 30% of women is guaranteed.
Article 214
The judicial power is impartial and independent of legislative power and executive power.
In the exercise of his functions, the judge is subject only to the Constitution and to the law.
The President of the Republic, the Head of the State, is the guarantor of the independence of the Magistrature. He is assisted in this mission by the Superior Council of the Magistrature.
1. OF THE SUPERIOR COUNCIL OF THE MAGISTRATURE
Article 215
The Superior Council of the Magistrature ensures the correct administration of justice. It is the guarantor of the independence of the presiding magistrates in the exercise of their duties.
Article 216
The Superior Council of the Magistrature is the highest disciplinary authority of the Magistrature. It recognizes the complaints of individuals or of the Ombudsman regarding the professional conduct of the Magistrates as well as of the recourse of Magistrates to disciplinary measures or to complaints concerning their career.
Article 217
A Magistrate may only be removed for a professional fault or incompetence, and solely through the proposal of the Superior Council of the Magistrature.
Article 218
The Superior Council of the Magistrature assists the President of the Republic and the Government in:
- Drafting policy in matters of justice;
- Following the situation of the country in the judicial domain and in that of the rights of man;
- Developing strategies in matters of the struggle against impunity.
Article 219
In their career, the Magistrates are appointed by Decree of the President of the Republic on a proposal of the Minister who has justice within his purview, after the opinion of the Superior Council of the Magistrature.
Article 220
All appointments to the judicial functions referred to in Article 192, 9, except to the Constitutional Court, are made by the President of the Republic on proposal of the Minister having justice within his purview, after the opinion of the Superior Council of the Magistrature and confirmation by the Senate.
Article 221
The Superior Council of the Magistrature produces once annually a report on the state of justice.
Article 222
The Superior Council of the Magistrature is balanced based on ethnicity, region, and gender. It includes:
- four judges of the superior jurisdictions;
two judges of the tribunals of residence; four members in a juridical profession in the private sector.
The members of the first and second categories are elected by their peers.
Article 223
The members of the Superior Council of the Magistrature are appointed by the President of the Republic after approval by the Senate.
Article 224
The Superior Council of the Magistrature is presided over by the President of the Republic, assisted by the President of the Supreme Court and the Minister of Justice, respectively, as Vice President and Secretary.
Article 225
An organic law determines the organization and the operations of the Superior Council of the Magistrature as well as the jurisdictions of the appointments of its members.
2. OF THE SUPERIOR COUNCIL OF PROSECUTION
Article 226
The Superior Council of Prosecution ensures the correct functioning of the Public Ministry.
An organic law determines its missions, organization and operations as well as the means of appointing its members.
3. OF THE SUPREME COURT
Article 227
The Supreme Court is the highest ordinary jurisdiction of the Republic.
It is guarantor of the correct application of the law by the courts and tribunals.
Article 228
The judges of the Supreme Court are appointed by the President of the Republic on proposal of the Minister having justice within his purview, with the opinion of the Superior Council of the Magistrature and after approval of the Senate.
The judges of the Supreme Court are selected from among the magistrates distinguished by their moral integrity, impartiality, and independence.
Article 229
A General Office of Prosecution of the Republic is instituted, before the Supreme Court, of which the members are appointed in the same manner as the judges of the Supreme Court.
Article 230
An organic law specifies the composition, the organization, the jurisdiction and the operations of the Supreme Court as well as the procedure applicable before it.
4. OF THE CONSTITUTIONAL COURT
Article 231
The Constitutional Court is the jurisdiction of the State in constitutional matters.
It is the judge of the constitutionality of the laws and it interprets the Constitution.
Article 232
The Constitutional Court is composed of seven members. They are appointed by the President of the Republic after approval of the Senate. They have a non-renewable term of eight years.
At least four of the members of the Constitutional Court are career Magistrates.
The President, the Vice President and the career magistrates are permanent.
The members of the Constitutional Court are chosen from among the jurists distinguished by their moral integrity, impartiality, and independence.
The members of the Constitutional Court appointed as replacements for those whose functions have ended before the normal term complete the term of those they replace.
The Court is partially renewed following the jurisdictions established by an organic law.
Article 233
The Constitutional Court may only sit validly if at least five of its members are present. Decisions are made with the absolute majority of the sitting members, the vote of the President being a tie-breaker in the case of equal division of the votes.
Article 234
The Constitutional Court has jurisdiction to:
- decide on the constitutionality of the laws and of regulatory acts made in matters other than those arising within the legal domain;
assure the respect for this Constitution, including the Charter of Fundamental Rights, by the organs of the State and the other institutions; interpret the Constitution, at the demand 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 elections, 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 President of the Republic, of the Prime Minister and of the other Ministers before they take up their positions declare the vacancy of the post of President of the Republic declare the vacancy of the seats of the parliamentarians.
The organic laws before enactment, the international treaties before submission to the vote of the Assemblies, the internal regulations of the National Assembly and of the Senate before application, are submitted obligatory to the control of constitutionality.
Article 235
The Constitutional Court is also competent to decide on the cases specified in Articles 116, 162, 165, 166, 193, 200 and 283 of this Constitution.
Article 236
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 moral person interested, as well as the Public Ministry, may refer the Constitutional Court to a matter concerning the constitutionality of the laws, either directly by way of an action or indirectly by a procedure of pleadings of unconstitutionality invoked in a matter submitted to another jurisdiction.
This jurisdiction postpones its decision until the decision of the Constitutional Court, which must intervene within a period of thirty days.
Article 237
A provision declared unconstitutional may not be enacted or implemented.
The decisions of the Constitutional Court are not liable to any recourse.
Article 238
An organic law determines the organization and operations of the Constitutional Court as well as the procedure applicable before it.
5. OF THE HIGH COURT OF JUSTICE
Article 239
The High Court of Justice is composed of the Supreme Court and of the Constitutional Court meeting together. It is presided over by the President of the Supreme Court; the Public Ministry is represented by the General Prosecutor of the Republic.
Article 240
The High Court of Justice has jurisdiction to judge the President of the Republic for high treason, and the President of the National Assembly, the President of the Senate, the Vice President of the Republic and the Prime Minister for crimes and misdemeanors committed during their term.
The investigation and judgment take place before any other matters.
The decisions of the High Court of Justice are not liable to any recourse except by pardon or correction.
Article 241
In the case of condemnation, the President of the Republic, the Vice President of the Republic, the Prime Minister, the President of the National Assembly and the President of the Senate are relieved of their duties.
Article 242
The rules of organization and of functioning of the High Court of Justice as well as the procedure applicable before it are established by an organic law.
