TITLE IX. OF THE CONSTITUTIONAL COURT
Article 144
A Constitutional Court is instituted.
The Constitutional Court includes nine members whose mandate is of nine years and renewable. It is renewed by thirds every three years.
Three members of the Constitutional Court are appointed by the President of the Republic. The other members are appointed by the President of the Republic on the basis of two members on a proposal from the President of each chamber of the Parliament and of two members on a proposal from the Bureau of the Supreme Court from among the members of that jurisdiction.
The President of the Constitutional Court is appointed by the President of the Republic from among its members. He has a preponderant voice in the case of equal division of the voices.
Article 145
The functions of member of the Constitutional Court are incompatible with those of member of the Government, of the Parliament or of the Supreme Court. The notable persons condemned for forfeiture, high treason, perjury, economic crimes, war crimes, genocide or for any other crime against humanity, may not be members of the Constitutional Court.
The other incompatibilities are established by the law.
Article 146
The Constitutional Court is given the charge of the control of the constitutionality of the laws, of the international treaties and agreements.
It sees to the regularity of the election of the President of the Republic. It examines the claims and proclaims the results of the ballot.
Article 147
With the exception of the local elections and the preparatory acts for the elections, the Constitutional Court, in the case of dispute, decides on the regularity of the legislative and senatorial elections.
It sees to the regularity of the operations of the referendum and proclaims the results.
The electoral law determines the jurisdiction competent to take cognizance of the disputes concerning the local elections and of the preparatory acts of the elections.
Article 148
The Constitutional Court is referred to a matter by the President of the Republic, by the President of the National Assembly, by the President of the Senate or by a third of the members of each chamber of the Parliament.
The Constitutional Court is referred to a matter, for opinion of conformity, before the promulgation of the organic laws or the implementation of the Internal Regulations of each chamber of the Parliament.
In this case, the Constitutional Court decides within a time period of one month.
However, on the express demand of the petitioner, this time period can be reduced to ten days, if there is urgency.
The referral to a matter of the Constitutional Court suspends the time period for the promulgation of the law or for the implementation of the Internal Regulations.
Article 149
Any person can, either directly, or by the procedure of the plea of unconstitutionality invoked before a jurisdiction in a matter that concerns him, refer the Constitutional Court to a matter concerning the constitutionality of the laws.
In the case of a plea of unconstitutionality, the referred jurisdiction postpones its decision and grants the petitioner a time period of one month from the notification of the decision.
Article 150
A provision, declared unconstitutional, cannot be, promulgated or implemented. The decisions of the Constitutional Court are not susceptible to any recourse. They impose themselves on the public powers, on all the administrative, jurisdictional and individual authorities.
Article 151
An organic law determines the rules of organization, of composition and of the functioning of the Constitutional Court, the procedure to be followed and, notably, the time periods for referring a matter to it.
