Constitution

Republic of the Congo 2001 Constitution

Table of Contents

TITLE VIII. OF THE JUDICIAL POWER

Article 133

A judicial power is instituted, exercised by the Supreme Court, the Court of Accounts and of Budgetary Discipline, the Courts of Appeal and the other national jurisdictions.

The judicial power decides on the litigations born from the application of the law and of the regulation.

Article 134

The Supreme Court, the Court of Accounts and Budgetary Discipline, the Courts of Appeal and the other national jurisdictions are created by the organic laws that establish their organization, their composition and their functioning.

Article 135

Justice is rendered on the national territory in the name of the Congolese People.

Article 136

The judicial power is independent of the executive power and of the legislative power.

The judges are only submitted, in the exercise of their functions, to the authority of the law.

Article 137

The judicial power cannot intrude, on the attributions of the executive power, or on those of the legislative power.

The executive power cannot, decide on the disagreements, or impede the course of justice, nor oppose itself to the execution of a decision of justice.

The legislative power cannot, decide on the disagreements, or modify a decision of justice.

Any law, of which the goal is to furnish the solution to a process in course, is null and of no effect.

Article 138

No one may be arbitrarily detained.

The judicial power, guardian of the fundamental rights and freedoms, assures the respect for this principle within the conditions established by the law.

Article 139

A Superior Council of the Magistrature is instituted, presided over by the President of the Republic.

Article 140

The President of the Republic guarantees the independence of the judicial power through the Superior Council of the Magistrature.

The Superior Council of the Magistrature decides as council of discipline and as organ of administration of the career of the Magistrates.

Article 141

The members of the Supreme Court and the magistrates of the other national jurisdictions are appointed by the President of the Republic, on proposal from the Superior Council of the Magistrature.

The presiding Magistrates are irremovable.

Article 142

The law establishes the particular statute of the sole body of the Magistrates.

Article 143

An organic law establishes the organization, the composition and the functioning of the Superior Council of the Magistrature.