TITLE VII. OF THE JUDICIAL POWER
Article 107
The judiciary power is independent of the executive power and of the legislative power.
Justice is rendered exclusively by the Courts and Tribunals.
Article 108
The judicial Power is exercised by the Supreme Court, the Court of Accounts, the Courts and Tribunals whose [dont] definitive decisions impose themselves on the parties, on the public powers, on all administrative, [and] jurisdictional authorities and on all the authorities of the forces of defense and security.
Article 109
The Magistrates are only submitted, in the exercise of their functions, to the authority of the law.
The presiding Magistrates [Magistrats du siège] are irremovable within the conditions determined by law.
The presiding [and] prosecuting [du parquet] Magistrates, and the Magistrates of the Central Administration of Justice are appointed and assigned [affectés] by the President of the Republic, on a proposal of the Minister of Justice, after [the] conforming opinion [avis conforme] of the Superior Council of the Magistrature.
Any appointment or assignment of [a] Magistrate without the assent of the Council of the Judiciary is null and void.
Article 110
An organic law establishes the status, the career and the guarantees of independence of the Magistrates.
Article 111
The Superior Council of the Magistrature gives its opinion on all issues concerning the independence of the Magistrature, the career of the Magistrates and the exercise of the right of pardon.
It studies the dossiers of pardon and transmits them, with its substantiated opinion to the President of the Republic.
It decides as a disciplinary council of the Magistrates.
Article 112
The Superior Council of the Magistrature presided over by the President of the Republic includes 17 members:
- The Minister of Justice, Vice-President;
The First President of the Supreme Court; The General Procurator before [près] the Supreme Court; One First President of the Court of Appeal designated by his peers; Two Magistrates of the Supreme Court elected at the General Assembly of that [ladite] Court; One General Procurator before [près] the Court of Appeal, appointed by his peers; One Magistrate of the Central Administration of the Ministry of Justice, designated by his peers; Six Magistrates elected in the General Assembly of the Courts of Appeal; One President of a Tribunal of first instance, designated by his peers; One Procurator of the Republic, designated by his peers.
When it sits in disciplinary formation, the Superior Council of the Magistrature is presided over by the First President of the Supreme Court.
An organic law establishes the functioning, the organization and the other competences of the Superior Council of the Magistrature.
SUBTITLE I. OF THE SUPREME COURT
Article 113
The Supreme Court is the highest jurisdiction of the State in administrative and judicial matters.
The Supreme Court is judge in first and last resort of the legality of the regulatory texts and of the acts of the executive authorities.
It takes cognizance of the decisions of the Court of Accounts by way of the recourse in cassation.
It takes cognizance, by way of the recourse in cassation or in annulment, of the decisions of the Courts and Tribunals relative to the other administrative disputes.
In all other matters, the Supreme Court decides by way of the recourse in cassation or in annulment on the judgments rendered in last resort by the inferior jurisdictions [juridictions inférieures].
Article 114
The Supreme Court is consulted by the executive and legislative powers on all the administrative and jurisdictional matters.
An organic law determines the other competences of the Supreme Court, not specified by the Constitution, and the procedure followed before it.
Article 115
The quality of member of the Supreme Court is incompatible with any other public or private function, notably elective.
Except in the case of flagrante delicto, the Magistrates of the Supreme Court may not be prosecuted, arrested, detained or judged in penal matters except with the prior authorization of the General Assembly of the Supreme Court. It attributes competence to the jurisdiction that it determines.
The composition of the Supreme Court, the status, the incompatibilities and the guarantees of independence of its members are established by an organic law.
SUBTITLE II. OF THE COURT OF ACCOUNTS
Article 116
The Court of Accounts is the jurisdiction of control a posteriori of the public finance. It has at its disposal jurisdictional and consultative attributions.
It decides on the public accounts, those of the territorial and local collectivities, of the public establishments, of the public and parapublic enterprises and of all organs [organismes] and institutions benefiting from financial participation [concours] of the State.
It takes cognizance equally of the accounts of the electoral campaigns and of all matters that are attributed to it by the law.
The Court of Account is equally given the charge of controlling the declarations of assets as [telles que] received by the Constitutional Court.
It elaborates and addresses a report to the President of the Republic and the National Assembly.
An organic law establishes the composition, the organization, the functioning of the Court of Accounts and the disciplinary regime of its members.
