Title VI. Of the Constitutional Court of the Transition
Article 76
A Constitutional Court of the Transition will be established and will be in charge of:
- Deciding on the constitutionality of organic and ordinary laws, already adopted or simply voted on, of regulations as well as the rules of procedure of the National Council of the Transition;
Hearing all electoral complaints; Overseeing the regularity of electoral consultations, examining and declaring the results; Overseeing the regularity of referendum operations, examining and declaring the results; Hearing the Head of State of the Transition’s oath and that of the elected President of the Republic’s; Settling conflicts of competences within the executive branch, between the legislative and the executive branch, and between the State and local authorities; Finding the defects in the enactment of laws after the final vote and the deficiencies in their enactment in order to allow their entry into force; Interpreting the Constitutional Charter of the Transition; Advising on Constitutional amendment drafts or proposals and on referendum procedure.
Article 77
Any person who considers themselves aggrieved may refer the matter of the constitutionality of laws to the Constitutional Court of the Transition, either directly, or through the procedure of the pleadings of unconstitutionality invoked before a Court in a matter that concerns them.
When a procedure of the pleadings of unconstitutionality is raised by the party concerned before a Court, whichever that Court may be, it must suspend the proceedings and refer the matter to the Constitutional Court of the Transition.
Article 78
The Head of State of the Transition, the Prime Minister, the President of the National Council of the Transition, and one-fourth (1/4) of the members of the National Council of the Transition may refer an opinion request to the Constitutional Court.
Article 79
The Constitutional Court of the Transition must give a ruling within one month. In case of emergency, this delay is brought to eight (8) days.
Abstention is forbidden. In the event of a tie, the President shall have the casting vote.
Article 80
The Constitutional Court of the Transition is composed of nine (9) members of which at least four (4) are women, who will hold the title of Constitutional Judges.
Constitutional Judges are appointed for the full length of the Transition. They are irrevocable and immutable. In the event of the death, voluntary resignation or permanent impeachment of a Constitutional Judge, their replacement will be provided for following the appointment procedure to this effect. The new Constitutional Judge will finish their predecessor’s mandate.
Constitutional Judges are appointed from among people with integrity and having at least ten (10) years of professional experience as follows:
- Two (2) magistrates of which one is a woman, elected by their peers.
Two (2) lawyers of which one is a woman, elected by their peers. Two (2) research professors in Law of which one is a woman, elected by their peers. One (1) member appointed by the Head of State of the Transition. One (1) member appointed by the President of the National Council of the Transition. One (1) member appointed by the Prime Minister.
Their appointment is approved by decree of the Head of State of the Transition, and countersigned by the Prime Minister.
Article 81
Constitutional Judges take an oath before taking up their functions before the National Council of the Transition during plenary.
They elect within their number a President from the members that are jurists and a Vice-President.
They can be neither prosecuted nor arrested without the authorisation of the Constitutional Court of the Transition.
Article 82
The role of Constitutional Judge is incompatible with the practice of any political or administrative role or any role within a political party, any lucrative activity, any position of professional representation or any salaried employment, except teaching and the practice of medicine.
Article 83
Drafts and proposals of Constitutional law will be referred to an opinion by the Constitutional Court of the Transition by the Government of the Transition or the President of the National Council of the Transition before being put to a referendum.
Article 84
Decisions by the Constitutional Court of the Transition cannot be appealed. They apply to all public authorities, all administrative and jurisdictional authorities and to all physical or moral persons.
Any text declared unconstitutional is null and void. It can be neither promulgated nor applied. If it is in force, it will be removed from the internal legal order.
An organic law establishes the organization and functioning of the Constitutional Court of the Transition.
