TITLE VI. CONSTITUTIONAL COURT
Article 36
The Constitutional Court shall rule on the constitutionality of the statutes of the Union and the islands. It shall monitor the proper conduct of the electoral operations in the islands as well as at Union level, including referendums; it shall rule on electoral disputes. Finally, it shall guarantee the fundamental rights of the individual and public liberties.
The Constitutional Court shall guarantee the distribution of powers between the Union and the islands. It shall be competent to rule on the conflicts of jurisdiction between two or several institutions of the Union, between the Union and the islands, and among the islands themselves.
Every citizen may request a ruling a ruling of the Constitutional Court on the constitutionality of statutes, either directly or by way of objecting to the application of an allegedly unconstitutional statute before a court of the Union or of an island in a case involving him. The court shall stay the proceedings until the Constitutional Court has given its ruling, which it shall do within thirty days.
Article 37
The President of the Union, the Vice Presidents of the Union, the President of the Assembly of the Union, and the heads of the island executives shall each appoint one member to the Constitutional Court.
Article 38
The members of the Constitutional Court shall be persons of great morality and honesty and shall have recognized standing in legal, administrative, economic or social matters. They must be able to point to a professional experience of at least fifteen years. They shall be appointed for a renewable six-year term.
The President of the Constitutional Court shall be designated by his peers for a term of six years, renewable once.
The members of the Constitutional Court shall be irremovable from office. They may not be prosecuted or arrested without authorization of the Court, except in the case of committing a crime or offense flagrante delicto.
The functions of a member of the Constitutional Court shall be incompatible with the membership in the institutions of the Union or the islands, as well as with any public employment or professional activity.
Article 39
An Institutional Act shall determine the rules governing the organization and the functioning of the Constitutional Court, the procedure to be followed before it, especially the conditions, modalities and time limits for a referral to the Court, as well as the status of and the immunities and disciplinary rules applicable to its members.
Article 40
A provision which has been declared unconstitutional shall be void and shall cease to apply.
The decisions of the Constitutional Court shall not be subject to appeal. They shall be binding on all public authorities and courts in the territory of the Union.
