TITLE VII. OF THE JUDICIAL POWER
Article 78
Justice constitutes a Power Independent of the Legislature Power and of the Executive Power.
Justice is rendered on the territory of the Central African Republic in the name of the Central African People by the Court of Cassation, the Council of State, the Court of Accounts, the Tribunal of Conflicts, [and] the Courts and Tribunals.
Article 79
The judges are independent. They are only subject, in the exercise of their functions, to the authority of the law. The presiding magistrates are irremovable.
Article 80
The President of the Republic is the guarantor of the independence of the Judicial Power. He is assisted to this effect by the Superior Council of Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and of the Procurator General of the Court of Accounts, over which he presides.
The Superior Council of the Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and the Procurator General of the Court of Accounts, see to the management of the career of the magistrates and the independence of the magistrature.
The organization and the functioning of the Superior Council of the Magistrature, of the Consultative Commission of the Council of State and of the Conference of Presidents and of the Procurator General of the Court of Accounts are established by organic laws.
Article 81
The Judicial Power, guardian of the freedoms and of property, is held to assure respect for the principles consecrated as the fundamental bases of society by this Constitution.
Chapter 1. Of the Court of Cassation
Article 82
A Court of Cassation is instituted, which is composed of three (3) Chambers:
- the Criminal Chamber;
the Civil and Commercial Chamber; the Social Chamber.
Article 83
The Judges of the Court of Cassation are governed by their status and by the texts concerning the Superior Council of the Magistrature.
Article 84
The decisions of the Court of Cassation are not susceptible to any recourse.
Article 85
The Court of Cassation gives its opinion on any judicial question that the President of the Republic or the President of the National Assembly submits to it.
It may also, on its own initiative, bring to [faire porter] the attention of the President of the Republic [the] reforms of legislative or regulatory order which it identifies [as] conforming to the general interest.
Article 86
An organic law determines the rules of organization and of functioning of the Court of Cassation.
Chapter 2. Of the Council of State
Article 87
A Council of State is instituted, the jurisdiction of appeal and of cassation of the administrative tribunals, the administrative organs of jurisdictional character and of the Court of Accounts.
The Judges of the Administrative Order are governed by their status and the texts concerning Consultative Commission of the Council of State.
Decisions rendered by the Council of State are not susceptible to any recourse.
Article 88
The Council gives its opinion on any administrative question that the President of the Republic or the President of the National Assembly submits to it.
It may also, on its own initiative, bring to the attention of the President of the Republic the reforms of legislative or regulatory order which its competence affects.
Article 89
An organic law determines the rules of the organization and of functioning of the Council of State.
A law establishes the status of Judges of the Council of State.
Chapter 3. Of the Court of Accounts
Article 90
A Court of Accounts is instituted, [the] jurisdiction competent to judge the accounts of the public accountants, those of the territorial collectivities as well as those of the public enterprises.
The Judges of the Court of Accounts are governed by their status and the texts concerning the Conference of Presidents and of the Procurator General of the Court of Accounts.
Article 91
The decisions of the Court of Accounts may be referred by way [voie] of cassation to the Council of State.
Article 92
An organic law determines the organization and the functioning of the Court of Accounts.
A law determines the status of the Judges of the Court of Accounts.
Chapter 4. Of the Tribunal of Conflicts
Article 93
A Tribunal of Conflicts is instituted, [a] non-permanent jurisdiction.
In case of conflict of competence between the judicial jurisdictions and those of
The decisions of this jurisdiction have the authority of res judicata.
An organic law determines the rules of organization and of functioning of the Tribunal of the Conflicts.
