TITLE XIV. OF THE CONSTITUTIONAL COUNCIL
Article 152
The Constitutional Council is the institution competent in constitutional and electoral matters. It is charged to decide on the constitutionality of the laws, of the ordinances as well as the conformity of the international treaties and agreements with the Constitution.
It interprets the provisions of the Constitution. It controls the regularity, the transparency and the sincerity of the referendum, of the presidential elections, legislative [elections] and is the judge of electoral disputes.
It proclaims the definitive results of the referendum, [and] of the presidential and legislative elections.
The control of the regularity and of the transparency of local elections corresponds to the competence of the administrative tribunals. The proclamation of the definitive results of these elections corresponds to the competence of the Council of State.
Article 153
In addition to its President, the Constitutional Council consists of:
- three magistrates of exceptional grade appointed by the President of Faso on proposal of the Minister of Justice;
three persons of distinction [personnalitts] appointed by the President of Faso having at least one jurist; three persons of distinction appointed by the President of the National Assembly having at least one jurist.
The President of the Constitutional Council is appointed by the President of Faso.
The members of the Constitutional Council are appointed for a sole [unique] mandate of nine years.
However, they are renewable by thirds every three years within the conditions established by the law except for the President of the Constitutional Council.
The functions of member of the Constitutional Council are incompatible with those of a member of the Government or of the National Assembly.
The other incompatibilities are established by the law.
Article 154
The Constitutional Council sees to the regularity of the presidential elections. It examines the complaints and proclaims the results of the ballot.
The Constitutional Council decides, in case of dispute, on the regularity of the election or of the appointment of the members of the National Assembly.
In electoral matters, the Constitutional Council can be referred to [a matter] by any interested candidate.
It sees to the regularity of the operations of the referendum and proclaims the results of it.
The Constitutional Council sees to respect for the procedure of revision of the Constitution.
Article 155
The organic laws and the regulations of the National Assembly, before their promulgation or their entry into application[,] must be submitted to the Constitutional Council.
To the same ends, the ordinary laws and the treaties submitted to the procedure of ratification, may be deferred to the Constitutional Council, before their promulgation.
Article 156
The Constitutional Council is also charged with the control of respect[,] by the political parties, for the provisions of Article 13 paragraph 5 of this Constitution.
Article 157
The Constitutional Council is referred to [a matter] by:
- the President of Faso;
the Prime Minister; the President of the National Assembly; one-tenth at least of the members of the National Assembly.
In addition, any citizen may refer [a matter] to the Constitutional Council concerning the constitutionality of the laws, either directly, or through the procedure of the pleadings [exception] of unconstitutionality invoked in a matter [affaire] which concerns them before a jurisdiction. This must postpone [the matter] until the decision of the Constitutional Council which must intervene within a maximum period of time of thirty days counting from its referral [to the matter].
The Constitutional Council can refer itself to any questions relative to its competence[,] if it judges it necessary.
Article 158
The referral of the Constitutional Council to [a matter] suspends the time period of the promulgation of the texts which are deferred to it.
Article 159
A provision declared unconstitutional may not be promulgated or implemented.
The decisions of the Constitutional Council are not susceptible to any recourse. They impose themselves on the public powers and on all the administrative and jurisdictional authorities.
Article 160
An organic law establishes the organization and the functioning of the Constitutional Council and determines the procedure applicable before it.
