Constitution

Central African Republic 2016 Constitution

Table of Contents

TITLE VII. OF THE JUDICIAL POWER

Article 107

Justice constitutes a Power Independent of the Legislature Power and of the Executive Power.

Justice is rendered on the territory of the Central African Republic in the name of the Central African People by the Court of Cassation, the Council of State, the Court of Accounts, the Tribunal of Conflicts, [and] the Courts and Tribunals.

Article 108

The judges are independent. They are only subject, in the exercise of their functions, to the authority of the law. The presiding magistrates are irremovable.

The laws determine the status [statut] of the judges.

Article 109

The President of the Republic is the guarantor of the independence of the Judicial Power.

The Superior Council of Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and of the Procurator General of the Court of Accounts, see to the administration [gestion] of the career of the Magistrates and to the independence of the Magistrature.

The organization and the functioning of the Superior Council of the Magistrature, of the Consultative Commission of the Council of State and of the Conference of Presidents and of the Procurator General of the Court of Accounts are established by organic laws.

Article 110

The Judicial Power, guardian of the freedoms and of property, is held to assure respect for the principles consecrated as the fundamental bases of society by this Constitution.

Chapter 1. Of the Court of Cassation

Article 111

The Court of Cassation is the highest jurisdiction of the State of the judicial order.

Article 112

The Judges of the Court of Cassation are governed by their statute [statut] and by the texts concerning the Superior Council of the Magistrature.

Article 113

The decisions of the Court of Cassation are not susceptible to any recourse.

Article 114

The Court of Cassation gives its opinion on any juridical question that the President of the Republic, the President of the National Assembly or the President of the Senate submits to it.

It can also, on its own initiative, bring to [faire porter] the attention of the President of the Republic [the] reforms of legislative or regulatory order which it identifies [as] conforming to the general interest.

An organic law determines the rules of organization and of functioning of the Court of Cassation.

Chapter 2. Of the Council of State

Article 115

The Council of Sate is the highest jurisdiction of the State of the administrative order.

Article 116

Decisions rendered by the Council of State are not susceptible to any recourse.

Article 117

The Council gives its opinion on the bills and proposals of law or on the bills of decrees that are submitted to it by the President of the Republic, the President of the National Assembly or the President of the Senate.

It equally gives its opinion on every question of law arising within its competence submitted to it by the same authorities.

The Council of State can on its own initiative, call the attention of the President of the Republic, of the President of the National Assembly or the President of the Senate to the reforms of legislative or regulatory order which arise [relvent] from its competence.

An organic law determines the rules of the organization and of functioning of the Council of State.

A law establishes the status [statut] of judges of the Council of State.

Chapter 3. Of the Court of Accounts

Article 118

The Court of Accounts is the jurisdiction competent to judge the accounts of the public accountants, those of the Territorial Collectivities as well as those of the public enterprises.

The Judges of the Court of Accounts are governed by their statute [statut] and the texts concerning the Conference of Presidents and of the Procurator General of the Court of Accounts.

Article 119

The decisions of the Court of Accounts may be referred by way [voie] of cassation to the Council of State.

An organic law determines the organization and the functioning of the Court of Accounts.

Chapter 4. Of the Tribunal of Conflicts

Article 120

The Tribunal of Conflicts is a non-permanent joint jurisdiction responsible for taking cognizance of the conflicts of competence between the jurisdictions of the judicial order and those of the administrative order.

Article 121

The decisions of this jurisdiction have the authority of res judicata [chose jugée].

An organic law determines the rules of organization and of functioning of the Tribunal of the Conflicts.