TITLE VI. OF THE CONSTITUTIONAL COURT
Article 95
The Constitutional Court is the highest jurisdiction of the State in constitutional matters. It is given the charge:
- to judge the constitutionality of the organic and ordinary laws, already promulgated or simply voted, of the regulations as well as of the Internal Regulations of the National Assembly and of the Senate;
to take cognizance of electoral disputes; to see to the regularity of the electoral consultations, [and] to examine and to proclaim the definitive results; to see to the regularity of the operations of [the] referendum, to examine the complaints and to proclaim the definitive results; to receive the oath of the President of the Republic elected; to determine the conflicts of competence within the executive power, between the legislative and executive powers and between the State and the territorial collectivities; to declare the errors [constater des défauts] of promulgation of the laws definitively voted and the lack of their promulgation in order to permit their entry into force; to interpret the Constitution; to give its opinion concerning the bills or proposals of constitutional revision and the procedure of [the] referendum; to receive the declarations of patrimony.
Article 96
The Constitutional Court, at the demand of the President of the Republic, of the President of the National Assembly, of the President of the Senate, of the Prime Minister or of one-quarter (1/4) of the members of each Chamber of the Parliament, decides concerning the constitutionality of the laws before their promulgation.
Article 97
The President of the Republic, the President of the National Assembly, the President of the Senate, the Prime Minister or one-quarter (1/4) of the members of each Chamber of the Parliament may refer a request for [its] opinion to the Constitutional Court.
Article 98
Any person can refer the Constitutional Court to [a matter] on the constitutionality of the laws, either directly, or by the procedure of the pleadings [exception] of unconstitutionality invoked before a jurisdiction in a matter which concerns them.
The Constitutional Court is required to decide within a time period of one month. In the case of urgency, this period is reduced to eight (8) days.
When a pleadings of unconstitutionality is raised by a party [justiciable] before a jurisdiction, whatever that [jurisdiction] might be, it is required to suspend its decision and refer [the matter] to the Constitutional Court which must decide on the constitutionality of the text in dispute [litige] within a time period of one month counting from its referral to [the matter] by the jurisdiction concerned.
Article 99
The Constitutional Court consists of nine (9) members including at least four (4) women, who hold the title of Constitutional Judge.
The duration of the mandate of the Constitutional Judges is of seven (7) years, non-renewable.
The members of the Constitutional Court are designated as follows:
- two (2) Magistrates including one women, elected by their peers;
two (2) Attorney including one woman, elected by their peers; two (2) [members] of a Faculty of Law [enseignants-chercheurs de Droit] including one woman, elected by their peers; one (1) member appointed by the President of the Republic; one (1) member appointed by the President of the National Assembly; one (1) member appointed by the President of the Senate.
They elect, from among themselves, a President from among the jurist members and a Vice President.
The election is confirmed [entérinée] by Decree of the President of the Republic.
The Constitutional Judges must have at least ten (10) years of professional experience.
The nine (9) members of the Constitutional Court are renewed in full.
Article 100
However, in case of death, of resignation or of definitive incapacity of a member, the replacement is provided for following the procedure of designation provided for to this effect. The new member completes [achve] the mandate of their predecessor.
Article 101
When making a decision, and in case of a tie, that of the President is preponderant.
Article 102
The members of the Constitutional Court are irremovable for the duration of their mandate. They cannot be prosecuted or arrested without the authorization of the Constitutional Court.
They take an oath before entering into their functions.
Article 103
The functions of a member of the Constitutional Court are incompatible with any political function, administrative [function], or [function] within a political party, any lucrative activity, of any function of professional representation or of any salaried employment, with the exception of teaching and of the exercise of medicine.
Article 104
Before they enter into [their] functions, the members of the Constitutional Court make, each in that which concerns them, a written statement of [their] patrimony, deposited at the Office of the Constitutional Court, which renders them public within eight (8) working days.
Within the thirty (30) days that precede the cessation of their functions, the Constitutional Judges renew, each in that which concerns him, the written declaration of their patrimony within the conditions specified in the paragraph above.
Article 105
The bills or proposals of constitutional law are referred for [its] opinion to the Constitutional Court by the President of the Republic, the President of the National Assembly or the President of the Senate before being submitted to vote of the Parliament or to referendum.
Article 106
The decisions of the Constitutional Court are not susceptible to any recourse. They impose themselves on the public powers, on all the administrative and jurisdictional authorities, and on all physical or juridical persons.
Any text declared unconstitutional is null and of no effect; it may neither be promulgated nor applied. If it is in force, it is removed from the juridical order [ordonnancement].
An organic law determines the rules of organization and of functioning of the Constitutional Court.
