TITLE VI. OF THE CONSTITUTIONAL COURT
Article 83
The Constitutional Court is the High Authority of the State in constitutional matters. It is the judge of the constitutionality of laws and of the legality of elections. It guarantees the fundamental human rights and public liberties of the country. It is the regulatory organ of the operations of the country’s institutions and of the activities of the public powers.
Article 84
The Constitutional Court obligatorily rules over:
- The treaties and international accords before their promulgation, verifying their conformity to the Constitution;
The general census of the population; The Constitutionality of organic laws and other laws before their promulgation, of regulatory acts that directly affect the fundamental rights of the human person and public liberties; The regulations of the National Assembly and the Senate before their application, verifying their conformity to the Constitution; The regulations of the National Council of Communication and the Social and Economic Council before their application, verifying their conformity to the Constitution; The conflicts of attribution between institutions and the State; The legality of presidential, parliamentary, and local collectivity elections, as well as the operations of referendum, its results the Court proclaims.
The Constitutional Court may be seized if any voter, candidate, political party or delegate of the Government contests the validity of an election within the conditions provisioned by the organic law.
Article 85
The Prime Minister submits organic laws to the Constitutional Court before their promulgation.
Other categories of law as well as regulatory acts may be deferred to the Constitutional Court either by the President of the Republic, the Prime Minister, the presidents of the Chambers of Parliament or a tenth of members from each Chamber, the presidents of the Supreme Court, the Council of the State and the Court of Accountancy, or any citizen or moral person damaged by the law or act in dispute.
The Constitutional Court rules, according to an open procedure of which the conditions are fixed by an organic law, within a delay of one (1) month. However, at the demand of the government and in case of urgency, this delay will be shortened to eight (8) days. Recourse to the Constitutional Court for a ruling will suspend the usual time period for the promulgation of the law or application of the act.
Laws or regulatory acts declared unconstitutional may not be promulgated or applied.
Article 86
All persons subject to a trial may, at the occasion of a trial before an ordinary tribunal, raise an exception of unconstitutionality against a law or act that abused their fundamental rights.
The presiding judge may call upon the Constitutional Court by way of a prejudicial exception.
The Constitutional Court will rule within one (1) month. If it rules that the law in question is contrary to the Constitution, this law or regulatory act will be nullified as soon as the decision has been declared.
Parliament will examine, over the course of it next session, in the case of decisions rendering a law or regulatory act unconstitutional, the subsequent consequences of that decision.
When the Court rules a regulatory act unconstitutional, the President of the Republic and the Prime Minister must remedy the resulting legal situation within one (1) month.
Article 87
The international engagements, provisioned in articles 113 and 115 below must be deferred, after their ratification, to the Constitutional Court, either by the President of the Republic, the Prime Minister, the president of the National Assembly, or by a tenth of the deputies in the National Assembly.
The Constitutional Court verifies, within a delay of one (1) month, if these engagements contain any clauses contrary to the Constitution.
However, at the demand of the Government, if there is an emergency, this delay will be shortened to eight (8) days.
If there are any unconstitutional clauses found, these international engagements may not be ratified.
Article 88
In additional to the duties provisioned by the Constitution, the Constitutional Court may also interpret the Constitution and other texts for their constitutional legitimacy, at the demand of the President of the Republic, the Prime Minister, the president of the Senate, the president of the National Assembly, or a tenth of the deputies or senators.
Article 89
The Constitutional Court is comprised of nine (9) members who carry the title of Constitutional Judge.
Members of the Constitutional Court have a renewable term of seven (7) years. At the moment of renewal, at least one third (1/3) of the members named must be new.
The nine members of the Court are nominated as follows:
- Three by the President of the Republic of which one will be the president of the Court;
Three by the president of the Senate; Three by the president of the National Assembly.
Each of the authorities mentioned above must also nominate two (2) jurists of which at least one must be a magistrate. These jurists will be chosen from a list of aptitude created by the Superior Council of the Magistracy.
The Constitutional Judges are principally chosen from the professors of law, lawyers and magistrates at least forty (40) years old with at least fifteen (15) years of professional experience, and qualified leading figures honored for their service to the state, at least forty (40) years old.
The president of the Constitutional Court is nominated to the position for the duration of his or her term.
In case of a temporary impairment, the oldest of the Constitutional judges will sit in for the president.
In case of the death or demission of a member, the nominating authority of that seat will appoint a new member to finish the current term.
Former Presidents of the Republic are considered ex officio members of the Constitutional Court.
Article 90
The functions of the members of the Constitutional Court are incompatible with all other public functions and any private professional activity, not including exceptions provisioned by the organic law.
The members of the Constitutional Court take the oath of office during a solemn ceremony presided over by the President of the Republic before Parliament, the Supreme Court, the Council of the State and the convened Court of Government Accountability.
They will take the following oath, the left hand posed on the Constitution and the right hand raised before the national flag:
“I promise to conscientiously fulfill the duties of my position in the strictest respect of its obligations of neutrality and reserve, and to carry myself as a dignified and loyal magistrate.”
Article 91
The Constitutional Court submits an activities report each year to the President of the Republic and the presidents of the Chambers of Parliament.
It may, on this occasion, bring the public powers attention to their past decision making on legislative and regulatory matters and make suggestions it considers useful to the consolidation of the state of law.
Article 92
The decisions of the Constitutional Court are not subject to any recourse. They hold authority over the public powers, all administrative and judicial authorities, and all physical and moral persons.
Article 93
The Constitutional Court enjoys the autonomous management of its financial affairs. The necessary funds for the function of its court are inscribed in the laws of finances.
The rules of organization of function of the Constitutional Court, as well as the procedure it follows, are determined by an organic law.
