TITLE VI. OF THE CONSTITUTIONAL COURT
Article 93
The Constitutional Court is the competent jurisdiction in constitutional, [and] electoral matters and in [matters] of the fundamental rights and freedoms. It judges the constitutionality of the laws, [and] of the ordinances as well as the conformity of the international treaties and agreements to the Constitution.
It guarantees the exercise of the fundamental rights of the human person and of the public freedoms.
It sees to the regularity of the national elections and of the referendums of which [dont] it proclaims the definitive results.
It is the regulatory organ of the functioning and of the activities of the legislative and executive Powers and of the other organs of the State.
Article 94
The Constitutional Court decides on:
- the constitutionality of the laws before their promulgation;
the electoral disputes [contentieux] of the national elections; the Internal Regulations of the National Assembly, of the Economic and Social Council, of the High Authority of Communication, of the Independent National Electoral Commission, of the National Institution of Human Rights, of the Mediator of the Republic, [and] of the High Council of the Local Collectivities regarding their conformity to the Constitution; the conflicts of attributions between the constitutional organs; the exception [pleadings] of unconstitutionality raised before the jurisdictions; the recourses formed against the acts of the President of the Republic taken in application of Articles 2, 45, 74 and 90, as well as the recourses formed against the Ordinances taken in application of Article 82, under reserve of their ratification.
Article 95
The organic laws are obligatorily submitted by the President of the Republic to the Constitutional Court before their promulgation.
The ordinary laws, before their promulgation, may be referred to the Constitutional Court either by the President of the Republic or by the President of the National Assembly or by one-tenth of the Deputies.
Article 96
The Constitutional Court decides within the time period of one month according to a procedure whose modalities are established by an organic law.
The recourse suspends the time period of the promulgation of the law. A provision declared unconstitutional becomes null and of no effect and may not be promulgated or applied.
Any pleader [plaideur] may raise the exception of unconstitutionality of a law before any jurisdiction.
The jurisdiction referred to [the matter] postpones deciding and remits the exception before the Constitutional Court. In this case, the Constitutional Court decides in the fifteen days of its referral.
The Constitutional Court is the judge of the violations of the fundamental rights and public freedoms committed by the public powers, the agents of the State and the citizens. It can be referred to [the matter] by the National Institution of Human Rights.
The jurisprudence of the Constitutional Court, in this matter, prevails [a primauté] over that of the other jurisdictional orders.
Article 97
The international engagements specified in Article 150 are deferred before ratification to the Constitutional Court, either by the President of the Republic, or by the President of the National Assembly or by one Deputy.
The Court verifies, in a time period of thirty days, if these engagements have [comportent] clauses contrary to the Constitution. In the affirmative, the Constitution is modified before the ratification of those [desdits] engagements.
In the case of urgency or at the demand of the Government, this time period is reduced to [ramené] eight days.
Article 98
In all the cases of referral, the Constitutional Court decides in a maximum time period of fifteen days.
Nevertheless, at the demand of the President of the Republic, this time period may be reduced to eight days.
Article 99
The Orders of the Constitutional Court are without recourse and impose themselves on the public powers and on all the administrative, military and jurisdictional authorities, as well as on any natural or juridical [morale] person.
Article 100
The Constitutional Court includes nine (09) members aged forty-five (45) years at least chosen for their good morality.
It is composed of:
- two (2) notable persons [personnalités] recognized for their probity and their wisdom, with [dont] one (1) proposed by the Bureau of the National Assembly and one (1) proposed by the President of the Republic;
three (3) magistrates having at least twenty 20 years of practice, designated by their peers; one (1) lawyer having at least twenty 20 years of practice elected by his peers; one (1) teacher [enseignant] of the Faculty of Law bearing at least a doctorate in public law and having an experience of at least twenty 20 years, elected by his peers; two (2) representatives of the National Institution of Human Rights recognized for their long experience.
Article 101
The duration of the mandate of the members of the Constitutional Court is nine years non-renewable, under reserve of paragraph 3 of this article.
The President of the Constitutional Court is elected by his peers for a duration of nine-years non-renewable.
The members of the Constitutional Court are renewed by thirds every three (3) years by drawing of lots [tirage au sort].
Article 102
The members of the Constitutional Court are irremovable during the duration of their mandate.
They may not be prosecuted or arrested without the authorization of the Constitutional Court, except in the case of flagrante delicto. In this case, the President of the Constitutional Court is informed, at the latest within 48 hours.
In the case of crimes or misdemeanors, the members of the Constitutional Court are justiciable by the Supreme Court.
Article 103
Before entering into [their] function, the members of the Constitutional Court take an oath in a public solemn audience before the President of the Republic and the President of the National Assembly in these terms:
“I swear to well and faithfully fulfill my functions, to exercise them in all impartiality within the respect for the Constitution and in all independence, to keep the secrecy of the deliberations and of the votes and not to take any public position, not to give any consultation on the issues falling within the competence of the Court.”
Article 104
The functions of the members of the Constitutional Court are incompatible with the exercise of any elective mandate, of any public, civil or military employment, of any professional activity as well as of any function of national representation.
Article 105
The credits necessary for the functioning of the Constitutional Court are inscribed in the national budget.
Article 106
An organic law determines the organization and the functioning of the Constitutional Court, the procedure followed before it, notably the time periods for the referral as well as the conditions of eligibility, the benefits [avantages], the immunities, and the disciplinary regime of its members.
