TITLE VI. OF THE JUDICIAL POWER
Section 1. Of the general provisions
Article 116
The judicial power is independent of the legislative power and of the executive power.
The judicial power is exercised by the Constitutional Court, the Court of Cassation, the Council of State, the Court of Accounts, [and] the courts and tribunals.
Article 117
Justice is rendered on the national territory in the name of the People and with a strict respect for the rule of law, as well as for the rights and freedoms of each citizen.
The decisions of justice impose themselves on all, on the public powers as well as on the citizens. They may only be criticized by the ways and under the forms authorized by the law.
Article 118
In the exercise of their functions, the magistrates are independent and are only subject to the authority of the law.
Article 119
The presiding magistrates [du siège] are appointed by the President of the Republic on proposal of the Minister of Justice, guardian of the seals [garde des sceaux], after the opinion [avis] of the Superior Council of the Magistracy [Conseil supérieur de la magistrature].
The prosecuting magistrates [du parquet] are appointed by the President of the Republic on proposal of the Minister of Justice, guardian of the seals.
The presiding magistrates are irremovable.
The law establishes the composition, the organization, the attributions and the functioning of the Superior Council of the Magistracy.
Section 2. Of the Constitutional Court
Article 120
The Constitutional Court is the jurisdiction competent in constitutional and electoral matters.
It is charged with deciding on the constitutionality of the laws, of the ordinances as well as of the conformity of international treaties and agreements with the Constitution.
It interprets the provisions of the Constitution. It controls the regularity, the transparency and the honesty [sincérité] of the referendum, [and] of the presidential and legislative elections. It is [the] judge of the electoral disputes [contentieux] and proclaims the definitive results of the elections.
Article 121
The Constitutional Court includes seven (07) members aged forty (40) years at least.
It is composed of:
- two (2) notable persons [personnalités] with a great professional experience in juridical or administrative matters[,] of which one (1) is proposed by the President of the Republic and one (1) is proposed by the Bureau of the National Assembly;
two (2) magistrates elected by their peers[,] of which one (1) is of the first grade and one (1) is of the second [grade]; one (1) lawyer with at least ten (10) years of exercise [of the profession], elected by his peers; one (1) professor-researcher holder [titulaire] of a doctorate in public law, elected by his peers; one (1) representative of the associations of defense of human rights and of promotion of democracy, holder at least of a diploma of the third cycle in public law, elected by the [singular] or the [plural] collectives of these associations.
The members of the Constitutional Court are appointed for six (6) years by decree of the President of the Republic.
Their mandate is not renewable.
The members of the Constitutional Court are renewed by thirds every two (2) years.
Article 122
The members of the Constitutional Court are irremovable for 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 referred to [the matter] at the latest within forty-eight (48) hours.
Article 123
The President of the Constitutional Court is elected by his peers for a period of three (3) years renewable.
Article 124
Before entering into [their] functions, the members of the Constitutional Court take an oath on the Holy Book [Livre Saint] of their confession before the President of the Republic in these terms:
“I swear to well and faithfully complete my functions, to exercise them with total impartially within the respect for the Constitution and with total independence, to keep the secrecy of the deliberations and the votes, not to take any public position and not to give any consultation on the questions relevant to the competence of the Court. May God help us.”
Article 125
The functions of [a] member of the Constitutional Court are incompatible with the exercise of any electoral mandate, with any public, civil or military employment, with any function of national representation and with any professional activity excluding education.
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, the conditions of eligibility, the advantages, the immunities and the disciplinary regime of its members.
Article 126
The Constitutional Court decides by order [par arrêt], on:
- the constitutionality of the laws;
the Internal Regulations of the National Assembly before their application and their modifications; the conflicts of attribution between the Institutions of the State.
The Constitutional Court is competent to decide on any question of interpretation and of application of the Constitution.
Article 127
The Constitutional Court controls the regularity of the presidential and legislative elections. It examines the claims, decides on the disputes of the presidential and of the legislative elections and proclaims the results of the ballots. It decides on the regularity of the referendum and proclaims their results of them.
Article 128
The Constitutional Court is competent to decide on the recourses for excess of power in electoral matters, without [a] prior administrative recourse. It must decide within a time period of five (5) days, counting from the presentation of the recourse at the registry [greffe].
Article 129
The Constitutional Court is equally competent to decide on the cases specified in the Articles 6, 53, 54, 60, 67, 86, 103 and 110 of the Constitution.
Article 130
The Constitutional Court receives the oath of the President of the Republic.
Article 131
The organic laws, before their promulgation, and the Internal Regulations of the National Assembly, before their application as well as their modifications, must be submitted to the Constitutional Court which decides on their conformity with the Constitution.
To the same end, before their promulgation, the laws may be referred [déférées] to the Constitutional Court by the President of the Republic, by the Prime Minister, by the president of the National Assembly or by one-tenth (1/10) of the Deputies.
In the cases specified in the preceding paragraphs, the Constitutional Court must decide within a time period of fifteen (15) days. In case of emergency and by request of the Government, this time period is reduced to five (5) days.
In all cases, the referral to the Constitutional Court suspends the time period of the promulgation.
Article 132
Any person party [partie] to a process may raise the unconstitutionality of a law before any jurisdiction, by way of pleadings [exception]. This [jurisdiction] must postpone [surseoir] [its] decision until the decision of the Constitutional Court, which must intervene within a time period of thirty (30) days.
A provision declared unconstitutional on the basis of the preceding paragraph is lapsed of plain right. The decision of the Constitutional Court establishing this unconstitutionality is published in the Journal Officiel following the procedure of urgency.
Article 133
The Constitutional Court emits opinions [avis] on the interpretation of the Constitution when it is referred to [the matter] by the President of the Republic, by the president of the National Assembly, by the Prime Minister, or by one-tenth (1/10) of the deputies.
Article 134
The orders [arrêts] of the Constitutional Court are not susceptible to any recourse. They bind [lient] the public powers and all the administrative, civil, military and jurisdictional authorities.
Any act of discreditingg [jet de discrédit] of the orders [arrêts] of the Court is sanctioned according to the laws in force.
Article 135
The Constitutional Court may not be dissolved and no provision of this Constitution related to the Court may be suspended.
Section 3. Of the Court of Cassation
Article 136
The Court of Cassation is the highest jurisdiction of the Republic in judicial matters.
An organic law determines the composition, the organization, the attributions and the functioning of the Court of Cassation.
Section 4. Of the Council of State
Article 137
The Council of State is the highest jurisdiction in administrative matters. It is [the] judge of the excess of power of the administrative authorities in first and last resort as well as of the recourses for interpretation and for valuation [appréciation] of the legality of the administrative acts.
Article 138
The Council of State takes cognizance of [connaît] equally:
- of the appeals in cassation formed against the decisions rendered in the last resort by the jurisdictions deciding in administrative matters;
of the decisions rendered in last resort by the administrative organs [organismes] and professional associations [ordres]; of the decisions rendered in the last resort by the jurisdiction deciding in matters of dispute concerning registration on the electoral lists; of the decisions rendered by the Ordinary Courts of first instance [tribunaux de grande instance] sitting in electoral matters.
Article 139
The Council of State gives its opinion on the [bills] of law and bills of ordinances that are submitted to it by the Prime Minister, before their adoption in the Council of Ministers. It gives its justified [motivé] opinion to the Government on the drafts of decrees or on any other draft of [a] text for which its intervention is specified by the bills, legislative, [or] regulatory provisions[,] or [provisions] submitted to it by the Government.
Article 140
The Council of State may be consulted by the Prime Minister or by the Ministers on difficulties of the administrative order.
It equally may, on its own initiative, bring [attirer] the attention of the public powers to the reforms of a legislative, regulatory or administrative order that seem to it conform with the public interest.
An organic law determines the composition, the organization, the attributions and the functioning of the Council of State.
Section 5. Of the Court of Accounts
Article 141
The Court of Accounts is the highest jurisdiction of control of the public finances. It exercises a jurisdictional competence, [and] a competence of control as well as a consultative competence.
It is the judge of the accounts of the State, of the territorial collectivities, of the public institutions and enterprises, of the independent administrative authorities and of any organ [organisme] benefiting from the financial aid [concours] of the State and its separated parts [démembrements].
An organic law determines the composition, the organization, the attributions and the functioning of the Court of Accounts.
Section 6. Of the High Court of Justice
Article 142
The President of the Republic is not responsible for the acts accomplished in the exercise of his functions except in the case of high treason. He is judged by the High Court of Justice.
There is high treason when the President of the Republic violates his oath, refuses to obey [obtempérer] an order of the Constitutional Court, is recognized author, co-author or accomplice of graves and characterized violations of human rights, of fraudulent cession of a part of the national territory, of compromising the national interests in the matters of administration of the natural resources and the subsoil and of the introduction of toxic wastes inside the national territory.
When the President of the Republic is found guilty of the crime of high treason, he is relieved [déchu] of his functions.
The forfeiture [déchéance] is declared by the Constitutional Court at the end of the procedure before the High Court of Justice according to the provisions of this Constitution.
The High Court of Justice is competent to judge the members of the Government for the reason of the acts qualified as crimes or misdemeanors committed in the exercise[,] or on the occasion of the exercise off[,] their functions.
Article 143
The High Court of Justice is an institution before [auprès] the National Assembly. It is composed of:
- four (4) Deputies that the National Assembly elects from within [its members] [dans son sein] after each general renewal;
three (3) magistrates of which one (1) is proposed by the Court of Cassation, one (1) by the Council of the State and one (1) by the Court of Accounts.
The Court elects from within [its members] a President from among the four (4) Deputies.
The Commission of Investigation [d’instruction] is composed of three (3) magistrates appointed by the President of the Court of Cassation.
The functions of the public ministry before [près] the High Court of Justice are exercised by the Procurator General at [près] the Court of Cassation and by a substitute-general [substitut général] at the said Court.
The members of the High Court of Justice are irremovable for the duration of the legislature.
They are appointed before the end of the first ordinary session of the first legislature.
Article 144
The impeachment [mise en accusation] of the President of the Republic is voted by public ballot by the majority of two-thirds (2/3) of the Deputies composing the National Assembly.
The impeachment [mise en accusation] of a member of the Government is voted in the same conditions, by an absolute majority.
Article 145
The High Court of Justice is bound [liée] by the definition of the crimes and misdemeanors[,] and by the determination of the sentences resulting[,] of the penal laws in force at the time [époque] of the acts included in the prosecutions.
The law establishes the rules of its functioning as well as the procedure followed before it.
