Title VII. Of the Constitutional Council
Article 159
A Constitutional Council is instituted.
Article 160
The Constitutional Council is composed of nine (9) members including three (3) magistrates and six (6) jurists of high level appointed in the following manner:
- two (2) magistrates and three (3) jurists by the President of the Republic;
one (1) magistrate and three (3) jurists by the President of the National Assembly;
The mandate of a member of the Constitutional Council is of nine (9) year non-renewable.
The Constitutional Council is renewed by thirds (1/3) every three (3) years.
The members of the Constitutional Council are irremovable for the duration of their mandate, except in cases of condemnation for misdemeanors and crimes, of resignation or of definitive impediment.
The members of the Constitutional Council must be of a recognized professional competence, of good morals and of grand probity.
Article 161
The Constitutional Council is the judge of the constitutionality of the laws, of the treaties and international agreements.
It takes cognizance of the disputes [concerning] the presidential [and] legislative elections.
It sees to the regularity of the operations of the referendum and proclaims the results of it.
It decides obligatorily on the constitutionality of the organic laws before their promulgation[,] and of the Internal Regulations of the National Assembly before their implementation.
It receives the oath of the elected President of the Republic.
The Constitutional Council is the regulatory organ of the functioning of the institutions and of the activity of the public powers.
It rules [on] the conflicts of attribution between the institutions of the State.
Article 162
The functions of member of the Constitutional Council are incompatible with the character of member of the Government, the exercise of any elective mandate, of any public employment and of any other lucrative activity.
Article 163
The President of the Constitutional Council is elected by his peers for a period of three years renewable.
Article 164
Before entering into [their] functions, members of the Constitutional Council take the following oath:
“I swear to faithfully fulfill the duties of my office, in strict respect for its obligations of neutrality and of reserve, to see to respect for the Constitution and to conduct myself with dignity and loyalty in the accomplishment of my mission.”
Article 165
The Constitutional Council, at the demand of the President of the Republic, of the Prime Minister, of the President of the National Assembly or of at least one-tenth [1/10] of the members of the National Assembly, decides on the constitutionality of a law before its promulgation.
Article 166
Any citizen can raise the pleadings of unconstitutionality before a jurisdiction in a matter which concerns them.
In this case, the jurisdiction suspends its decision and refers [the matter] to the Constitutional Council, which must make a decision within a maximum time period of forty-five (45) days.
Article 167
The Constitutional Council, referred to [the matter] of a text, decides within fifteen (15) days.
However, at the demand of the Government, and in case of urgency, this time period is reduced to eight [8] days. In this case, the referral [of the matter] to the Constitutional Council suspends the time period for promulgation
Article 168
No text may be promulgated or implemented [concerning] its provisions declared unconstitutional.
Article 169
The decisions of the Constitutional Council are not susceptible to any recourse.
They are binding on the public powers and on all the administrative, military and jurisdictional authorities.
Article 170
The other competences, the organization and the functioning of the Constitutional Council as well as the immunities of its members are determined by an organic law.
