TITLE VI. OF THE CONSTITUTIONAL COURT
Article 73
A Constitutional Court is instituted[,] given the charge:
- to see to the regularity of the electoral consultations, [and] to examine and to proclaim the results;
to see to the regularity of the operations of [the] referendum and proclaim the results of it; to determine [trancher]any electoral disputes; to determine the conflicts of competence between the executive power, the legislative power and the territorial collectivities.
In addition to these functions and those which are conferred on it by Articles 25,28, 29, 30, 31, 32, 33, 34, 65, 68 and 72, the Constitutional Court interprets the Constitution, judges the constitutionality of the ordinary and organic laws, promulgated or in process [instance] of promulgation, as well as the Internal Regulations of the National Assembly.
All persons who consider themselves aggrieved may refer the Constitutional Court to [a matter] on the constitutionality of the laws, either directly, or by the procedure of the pleadings [exception] of unconstitutionality invoked before a jurisdiction in a matter which concerns them. The Constitutional Court is required to decide within a time period of one month. In the case of urgency, this period is reduced to eight (8) days.
When a pleadings of unconstitutionality is raised by a party [justiciable]before a jurisdiction, whatever that [jurisdiction] might be, it is required to suspend its decision and refer [the matter] to the Constitutional Court which must decide on the constitutionality of the text in dispute [litige] within a time period of one month counting from its referral to [the matter] by the jurisdiction concerned.
Article 74
The Constitutional Court consists of nine (9) members including at least three(3) women, who hold the title of Councilor.
The duration of the mandate of the Councilors is of seven (7) years, non-renewable.
The members of the Constitutional Court are designated as follows:
- two (2) Magistrates including one women elected by their peers;
one (1) Attorney elected by their peers; two (2) Professors of Law elected by their peers; two (2) members including one (1) women appointed by the President of the Republic; two (2) members including one (1) woman appointed by the President of the National Assembly.
They elect, from among themselves, a President and a Vice-President. The election is confirmed by Decree of the President of the Republic.
The chosen Councilors must have at least, ten (10) years of professional experience.
The nine (9) members of the Constitutional Court are renewed in full.
However, in case of death, of resignation or of definitive incapacity of a member, the replacement is provided for following the procedure of designation provided for to this effect. The new member completes the mandate of their predecessor.
In addition to the members provided for above, the former Presidents of the Republic are honorary Members of the Constitutional Court with consultative voice.
When making a decision, and in case of a tie, that of the President is preponderant.
The members of the Constitutional Court are irremovable for the duration of their mandate. They cannot be prosecuted or arrested without the authorization of the Constitutional Court.
They take an oath before entering into their functions.
Article 75
The functions of a member of the Constitutional Court are incompatible with any political function, administrative [function], any salaried employment or any lucrative activity, except for education.
Within the sixty (60) days which follow their installation, the members of the Constitutional Court make, each in that which concerns them, a written statement of [their] patrimony, deposited at the Office of the Constitutional Court, which renders them public within eight (8) working days.
Article 76
The bills or proposals of constitutional law are referred for [its] opinion to the Constitutional Court by the President of the Republic or the President of the National Assembly before being submitted to referendum or to the vote of the National Assembly.
Article 77
The decisions of the Constitutional Court are not susceptible to any recourse. They impose themselves on the public powers, on all the administrative and jurisdictional authorities, and on all physical or moral persons.
Any text declared unconstitutional is null and of no effect; it may neither be promulgated nor applied.
An organic law determines the rules of organization and of functioning of the Constitutional Court.
