TITLE IX. JUDICIAL POWER
CHAPTER I. THE STATUS OF A JUDGE
Article 139
The judicial power is independent.
The President of the Republic is the guarantor of the independence of judicial power. He is assisted by the Superior Council of the Magistracy.
Article 140
Magistrates on the bench are irremovable. They may not be transferred without their consent, unless operational requirements dictate otherwise. They may not be dismissed, suspended from their official duties, or subject to disciplinary action except in the case of a breach of their obligations and only after reasoned decision taken by the Superior Council of the Magistracy.
The magistrate is protected against all forms of interference, pressure, interventions or maneuvers, proving harmful to the accomplishment of his mission. Should he consider his independence threatened, the Judge has the right to appeal to the Superior Council of the Magistracy.
The judge obeys only the authority of the law.
Article 141
The magistrate must be competent. He must demonstrate impartiality, neutrality and honesty in the exercise of his official duties. Any breach of these official duties constitutes professional misconduct.
Article 142
The magistrate is protected in his honor, dignity and security on the occasion of, or during, the exercise of his official duties, in particular against insults, provocations and threats to which he may be subjected.
Except for flagrante delicto or final conviction, no magistrate may be prosecuted, arrested, detained or tried in criminal or correctional matters without the authorization of the Superior Council of the Magistracy.
CHAPTER II. THE ORGANIZATION OF JUSTICE
Article 143
Justice is served throughout the national territory, on behalf of the Ivoirian people, by the Supreme Court, Court of Auditors, Courts of Appeal, Courts of First Instance, administrative courts and Regional Audit Chambers.
Article 144
The Supreme Court and the Court of Auditors are the two judicial institutions representative of judicial power.
CHAPTER III. THE SUPERIOR COUNCIL OF THE JUDICIARY
Article 145
The Superior Council of the Magistracy is presided over by a person appointed by the President of the Republic of the High Judges in office or on retirement.
Article 146
The Superior Council of the Magistracy:
- examines all questions relating to the independence of the Magistracy and to the ethics of magistrates;
makes proposals for the appointment of magistrates of the Supreme Court and of the Court of Auditors, of first Presidents of the Courts of Appeal and of the Presidents of the Courts of First Instance; gives its assent to the appointment, transfer and promotion of magistrates on the bench; makes decisions concerning the disciplinary training of magistrates on the bench as well as of Prosecutors.
The decisions of the Superior Council of the Magistracy are subject to appeal.
An organic law determines the composition, organization and functioning of the Superior Council of the Magistracy.
CHAPTER IV. THE SUPREME COURT
Article 147
The Supreme Court supervises the implementation of the law by judiciary and administrative orders. It regulates conflicts of competence between the jurisdictions of these two orders.
The Supreme Court is composed of:
- the Court of Cassation;
the Council of State.
An organic law determines the composition, organization and functioning of the Supreme Court.
Article 148
The Court of Cassation is the highest court of the judiciary. It decides sovereignly on appeals in cassation against the decisions rendered in the last instance by the courts and tribunals of the judiciary.
Article 149
The Council of State is the highest jurisdiction of the administrative order. It rules sovereignly on decisions rendered in the last instance by the administrative tribunals and by the administrative courts specialized in administrative disputes.
The Council of State hears cases at the first and last instances concerning actions for annulment of the acts of the central administrative authorities and bodies with national competence.
It also has an advisory function. In this capacity, it may be consulted by the President of the Republic on any matter of an administrative nature.
Article 150
The President of the Supreme Court is appointed by the President of the Republic for a renewable period of five years once from among personalities recognized for their competence and proven expertise in legal matters.
The President of the Court of Cassation and the President of the Council of State are appointed by decree made in the Council of Ministers, after consultation with the Superior Council of the Magistracy.
The President of the Court of Cassation and the President of the Council of State are vice-presidents of the Supreme Court.
Article 151
The composition, responsibilities, organization and functioning of the Court of Cassation and the Council of State are determined respectively by a law.
CHAPTER V. THE COURT OF AUDITORS
Article 152
The Court of Auditors is the supreme audit institution.
It has jurisdictional, supervisory and advisory responsibilities.
The Court of Auditors supervises the management of accounts concerning Government services, national public institutions, territorial communities, independent administrative authorities and any body benefiting from financial assistance from the State or from another legal person governed by public law as well as from any other body benefiting from financial assistance from public enterprises and their subsidiaries and/or affiliates.
Article 153
The President of the Court of Auditors is appointed by the President of the Republic for a renewable period of five years once from among personalities recognized for their competence and proven expertise in economics, management, accounting or public finances.
Article 154
The composition, responsibilities, organization and functioning of the Court of Auditors are determined by an organic law.
CHAPTER VI. THE AUTHORITY OF JUDICIAL DECISIONS
Article 155
Judicial decisions are binding. They apply to the public bodies, to any administrative, judicial, military authority and to any natural or legal person.
Public bodies are obliged to enforce them and to see to their enforcement.
