Title VII-1. OF THE ECONOMIC, SOCIAL AND ENVIRONMENTAL COUNCIL
Article 87-1
The Economic, Social and Environmental Council may be consulted by the President of the Republic, the National Assembly and the Government on any problem of economic, social or environmental character. Any Plan or any Bill of planning [programmation] of economic, social or environmental character is submitted to it for [its] opinion.
It can, on its own initiative, emit its opinion on all [ensemble] of the questions of economic, social or environmental [order] of interest to the different sectors of activity of the Nation.
An organic law determines the mode of appointment of the members of the Economic, Social, and Environmental Council well as the conditions of organization and of functioning of the institution.
TITLE VIII. OF THE JUDICIAL POWER
Article 88
The judicial power is independent of the legislative power and of the executive power. It is exercised by the Constitutional Council, the Supreme Court, the Court of Accounts and the Courts and Tribunals.
Article 89
The Constitutional Council is composed of seven (07) members[,] having one president, one vice president and five (05) judges.
The duration of their mandates is of six (06) years.
The President of the Republic appoints the members of the Constitutional Council[,] having two from a list of four prominent persons [personnalités] proposed by the President of the National Assembly.
The president of the Constitutional Council is appointed by the President of the Republic. He has preponderant vote [voix] in case of a tie.
The conditions to be fulfilled in order to be able to be appointed [as a] member of the Constitutional Council are determined by the organic law.
The mandate of the members of the Constitutional Council may be renewed.
The functions of the members of the Constitutional Council may only be terminated before the expiration of their mandate on their demand or for physical incapacity, and within the conditions provide for by the organic law.
Article 90
The magistrates other than the members of the Constitutional Council and of the Court of Accounts are appointed by the President of the Republic after the opinion of the Superior Council of the Magistrature. The magistrates of the Court of Accounts are appointed by the President of the Republic after the opinion of the Superior Council of the Court of Accounts.
The judges are only subject to the authority of the law in the exercise of their functions.
The presiding magistrates are irremovable.
The competence, the organization and the functioning of the Superior Council of the Magistrature as well as the status of the magistrates are established by an organic law.
The competence, the organization and the functioning of the Superior Council of the Court of Accounts as well as the status of the magistrates of the Court of Accounts are established by an organic law.
Article 91
The judicial power is the guardian of the rights and freedoms defined by the Constitution and the law.
Article 92
The Constitutional Council takes cognizance of the constitutionality of the laws and of the international commitments, of the conflicts of competence between the executive and the legislative power, as well as of the exceptions [pleadings] of unconstitutionality raised before the Court of Appeal or the Supreme Court.
The Constitutional Council may be referred [to a matter] by the President of the Republic for [its] opinion.
The Constitutional Court judges concerning the regularity of the national elections and the referendum consultations and proclaims the results of them.
The decisions of the Constitutional Council are not susceptible to any way [voie] of recourse. They impose themselves on the public powers and on all the administrative and jurisdictional authorities.
The Court of Accounts judges the accounts of the public accountants. It verifies the regularity of the receipts and of the expenditures and assures the appropriate use [emploi] of the credits, funds and assets [valeurs] managed by the services of the State or by the other juridical [morales] persons of public law. It assures the verification of the accounts and of the management of the public enterprises and organs [organismes] with public financial participation. It declares and audits the de facto management [gestions du fait]. It sanctions the errors [fautes] of management committed with regard to the State, the territorial collectivities and the organs [organismes] submitted to its control.
Article 93
Except in the case of flagrante delicto, the members of the Constitutional Council may only be prosecuted, arrested, detained or judged in a criminal matter with the authorization of the Council and within the same conditions as the magistrates of the Supreme Court and of the Court of Accounts.
Except in the case of flagrante delicto, the magistrates of the Supreme Court and of the Court of Accounts may only be prosecuted, arrested, detained or judged in a criminal matter within the conditions specified by the organic law concerning the status of the magistrates.
Article 94
The organic laws determine the other competences of the Constitutional Council, of the Supreme Court and of the Court of Accounts[,] as well as their organization, the rules of appointment of their members and the procedure [to be] followed before them.
