TITLE VIII. THE CONSTITUTIONAL COUNCIL
CHAPTER I. RESPONSIBILITIES
Article 126
The Constitutional Council is a constitutional jurisdiction. It is independent and impartial.
The Constitutional Council is the organ regulating the functioning of public bodies.
The Constitutional Council is the judge of the conformity of the law with the constitutionality block.
The Constitutional Council is the judge of the supervision of the presidential and parliamentary elections.
Article 127
The Constitutional Council rules on:
- the eligibility of candidates for the presidential election. The Constitutional Council draws up and publishes the final list of candidates for the presidential election fifteen days before the first round of voting, after the independent Commission responsible for the elections has carried out an audit of the files of the various candidates and has published the provisional list of candidatures;
the eligibility of candidates for parliamentary elections. The final list of candidatures for elections of deputies and senators are established and published by the independent Commission responsible for the elections; disputes relating to the election of the President of the Republic, deputies and senators; the disqualification of deputies and senators.
The Constitutional Council declares the final results of the presidential election.
It supervises the regularity of referendum operations and declares the results.
CHAPTER II. COMPOSITION
Article 128
The Constitutional Council is composed of:
- a President;
the former Presidents of the Republic, with the exception of an express waiver on their part; six councilors, three of whom are appointed by the President of the Republic, two by the President of the National Assembly and one by the President of the Senate.
The Constitutional Council is renewed by half every three years.
CHAPTER III. THE STATUS OF MEMBERS
Article 129
The President of the Constitutional Council is appointed by the President of the Republic for a non-renewable period of six years among persons recognized for their proven competence and expertise in legal or administrative affairs.
Before taking office, he takes an oath on the Constitution before the President of the Republic, in these terms:
“I hereby undertake to perform my official duties well and faithfully, to discharge them with complete independence and impartiality with respect for the Constitution, to keep the secrecy of deliberations and votes, even after the termination of my official duties, to take no public position in the legal, political, economic or social spheres, to give no private consultation on matters within the competence of the Constitutional Council.”
Article 130
The councilors are appointed for a non-renewable period of six years by the President of the Republic among persons recognized for their proven competence and expertise in legal or administrative affairs.
Before taking office, they take an oath on the Constitution before the President of the Constitutional Council, in the following terms:
“I hereby undertake to perform my official duties well and faithfully, to discharge them with complete independence and impartiality with respect for the Constitution, to keep the secrecy of deliberations and votes, even after the termination of my official duties, to take no public position in the legal, political, economic or social spheres, to give no private consultation on matters within the competence of the Council Constitutional.”
The first Constitutional Council is composed of:
- three advisers, two of whom designated by the Presidents of the National Assembly and the Senate, nominated for three years by the President of the Republic;
three councilors, one of whom designated by the President of the National Assembly, appointed for six years by the President of the Republic.
Article 131
The official duties of member of the Constitutional Council are incompatible with the exercise of any political function, any public-sector employment or elective mandate and any professional activity. Any Constitutional Council member found in any of the cases of incompatibility is dismissed ex officio.
In the event of death, resignation or absolute incapacity for any cause whatsoever, the President and the advisers are replaced, within a period of eight days, for the remainder of the term of office.
Article 132
No member of the Constitutional Council may be prosecuted, arrested, detained or judged for criminal or correctional matters during their term of office, without the authorization of the Council, except in cases of flagrante delicto.
CHAPTER IV. ORGANIZATION AND FUNCTIONING
Article 133
Upon referral by the President of the Republic, bills or proposals may be submitted to the Constitutional Council for an opinion.
Upon referral by the President of the National Assembly or the President of the Senate, bills or proposals may be submitted to the Constitutional Council for an opinion.
Article 134
The international commitments referred to in Article 120 prior to their ratification, the constitutional laws adopted by parliamentary means, the organic laws before their promulgation, the by-laws of the parliamentary assemblies before their implementation, must be referred to the Constitutional Council, which decides on their conformity with the Constitution.
Referral to the Constitutional Council suspends the time limit for promulgation or enforcement.
Article 135
Any litigant may, by way of exception, raise the unconstitutionality of a law before any court.
The court to which the challenge of the law is raised stays the proceedings and gives the litigant fifteen days to bring the matter before the Constitutional Council. At the expiration of this period, if the applicant reports no evidence of referral to the Council, the court makes its ruling.
Article 136
An organic law determines the rules for the organization and functioning of the Constitutional Council, the procedure and time-limits for giving its decisions.
CHAPTER V. THE AUTHORITY OF DECISIONS
Article 137
In the event of referral to the Constitutional Council by way of action, a law or a provision declared contrary to Constitution may not be promulgated or implemented. A law or provision contrary to the Constitution is null and void with respect to everyone.
In case of referral to the Constitutional Council by way of exception, the decision of the Constitutional Council applies to everyone, beyond the parties to the trial. A law or provision declared unconstitutional by the Council is repealed.
Article 138
Decisions of the Constitutional Council are not subject to appeal. They apply to the public bodies, to any administrative, judicial, military authority and to any natural or legal person.
