TITLE VI. Of the CONSTITUTIONAL COURT
Article 99
The Constitutional Court is the highest jurisdiction of the State in constitutional matters. It is [the] judge the constitutionality of the law and it guarantees the fundamental rights of the human person and of the public freedoms. It is the regulatory organ of the functioning of the institutions and of the activity of the public powers.
Article 100
The Constitutional Court is composed of nine (09) members appointed for seven (7) years renewable.
Three (3) are appointed by the President of the Republic of which one (1) on the basis of their juridical competence.
Three (3) are elected by the National Assembly with the majority of two-thirds (2/3) of its members. They must be chosen [from] outside of the deputies. One among them must be designated on the basis of their juridical competence.
Three (3) are elected by the Senate with the majority of two-thirds (2/3) of its members. They must be chosen [from] outside of the senators. One among them must be designated on the basis of their juridical competence.
Article 101
The President of the Constitutional Court is appointed by the President of the Republic from among the members of the Court for a time period of seven (7) years. He has preponderant vote in case of a tie.
Article 102
The members of the Constitutional Court, during the duration of their mandates, may not be prosecuted or arrested without the authorization of the Constitutional Court except in case of flagrante delicto. In this case, the President of the Constitutional Court must be referred to [the matter] immediately and at the latest within forty-eight hours.
Article 103
The functions of members of the Constitutional Court are incompatible with the exercise of any elective mandate, of any public, civil or military office, of any professional activity as well as of any function of national representation.
An organic law determines the organization and the functioning of the Constitutional Court, the procedure to be followed before it, notably the time periods for referral [of matters] to it, as well as the immunities and the disciplinary regime of its members.
Article 104
The Constitutional Court is the jurisdiction given the charge of seeing to respect for the provisions of the Constitution.
The Constitutional Court judges the regularity of the referendum consultations, [and] of the presidential, legislative and senatorial elections. It decides on the challenges to these consultations and elections.
It is the judge of the constitutionality of the laws.
The laws may, before their promulgation, be deferred to the Constitutional Court by the President of the Republic, the Prime Minister, the President of the National Assembly or one-fifth (1/5) of the members of the National Assembly.
To the same ends, the organic laws, before their promulgation, and the internal regulations of the National Assembly and of the Senate, those of the High Authority of Audiovisual and of Communications [Haute Autorité de l’Audiovisuel et de la Communication] and of the Economic and Social Council, before their application, must be submitted to it.
In the course of a judicial instance, any physical or moral person may, “in limine litis”, before the courts and tribunals, raise the exception [pleadings] of the unconstitutionality of a law. In this case, the jurisdiction suspends its judgment and refers [the matter] to the Constitutional Court.
The Constitutional Court must decide within a time period of one month[;] this time period may be reduced to eight (8) days in case of urgency.
A text declared unconstitutional may not be promulgated. If it has already been implemented, it must be withdrawn by juridical ordinance.
Article 105
The Constitutional Court emits opinions on the ordinances taken by virtue of Articles 69 and 86 of this Constitution.
Article 106
The decisions of the Constitutional Court are not susceptible to any recourse.
They impose themselves on the public powers and on all the civil, military and jurisdictional authorities.
TITLE VII. Of the COURT OF ACCOUNTS
Article 107
The Court of Accounts judges the accounts of the public accountants.
It assures the verification of accounts and of the management of the public establishments and of the public enterprises.
It assists the Parliament and the Government in the control of the execution of the laws of finance.
It proceeds to all studies of public finance and of accounting that are demanded of it by the Government, the National Assembly or the Senate.
The Court of Accounts establishes an annual report addressed to the President of the Republic, to the Government and to the National Assembly and in which it determines, if there have arisen infractions committed, and the responsibilities incurred.
Article 108
The Court of Accounts is composed of:
- the First President
the presidents of [the] chamber the conseillers-maîtres [master-councilors] the conseillers référendaires [Referred Councilors] and of auditors.
The public ministry before the Court of Accounts is held by the procurator general and the general attorneys.
The number of offices of these different grades is established by the law.
The first president, the procurator general, the general attorneys, the presidents of the chamber and the conseillers-maîtres are appointed by decree of the President of the Republic taken in the Council of Ministers.
The conseillers référendaires and the auditors are appointed by the President of the Republic on proposal of the Prime Minister after the opinion of the Minister of Finance and [the] favorable opinion of the National Assembly.
Only the jurists of high level, the inspectors of finance, of the Treasury and of taxes, the economist-managers and the expert accountants having experience of fifteen (15) years at least, may be elected or appointed to the Court of Accounts.
Article 109
The President of the Court of Accounts is elected by his peers for a time period of three (3) years renewable.
Article 110
The members of the Court of Accounts have the quality of magistrates. They are irremovable during the duration of their mandate.
Article 111
The functions of member of the Court of Accounts are incompatible with the quality of member of the Government, the exercise of any elective mandate, of any public, civil or military office, of any other professional activity as well as of any function of national representation.
An organic law determines the organization and the functioning of the Court of Accounts.
