TITLE VII. OF THE CONSTITUTIONAL COUNCIL
Article 88
The Constitutional Council is the judge of the constitutionality of the law. It is the regulating organ of the functioning of the public powers.
Article 89
The Constitutional Council is composed:
- of a President;
of the former Presidents of the Republic, except on express renunciation on their part; of six councillors, of which three are designated by the President of the Republic and three by the President of the National Assembly.
The Constitutional Council is renewed by halves every three years.
Article 90
The President of the Constitutional Council is appointed by the President of the Republic for a term of six years, non-renewable, from among persons recognized for their competence in juridical or administrative matters. Before his entry into his functions, he takes an oath before the President of the Republic in these terms:
“I swear to well and faithfully fulfill my function, to exercise it with all independence and in all impartiality with respect of the Constitution, to maintain the secrecy of the deliberations and of the votes, the same after the cessation of my functions, to take no public position in the political, economic or social domains, to give no consultations of private character on the issues relevant to the competence of the Constitutional Council.”
Article 91
The Councillors are appointed for a non-renewable term of six years by the President of the Republic from among persons recognized for their competence in juridical or administrative matters. Before entry into their functions, they take an oath before the President of the Constitutional Council, in these terms:
“I swear to well and faithfully fulfill my functions, to exercise them in all impartiality with respect of the Constitution and to maintain the secrecy of the deliberations and of the votes, the same after the cessation of my functions.”
The first Constitutional Council comprehends:
- three councillors of which two are designated by the President of the National Assembly, appointed for three years by the President of the Republic;
three councillors of which one is designated by the President of the National Assembly, appointed for six years by the President of the Republic.
Article 92
The functions of members of the Constitutional Council are incompatible with the exercise of any political function, of any public or elective office and of any professional activity. In case of death, resignation or absolute incapacity for whatever cause that may be, the President and the councillors are replaced within a time period of eight days for the term of the functions remaining to be served.
Article 93
No member of the Constitutional Council can be, during the term of his mandate, prosecuted, arrested, detained or judged in a criminal or correctional matter without the authorization of the Council.
Article 94
The Constitutional Council controls the regularity of the operations of the referendum and proclaims the results. The Council decides on:
- the eligibility of the candidates to the presidential and legislative elections;
the disputes concerning the election of the President of the Republic and of the Deputies.
The Constitutional Council proclaims the definitive results of the presidential elections.
Article 95
The international commitments specified in Article 84 before their ratification, the organic laws before their promulgation, and the regulations of the National Assembly before their entry into application, must be deferred by the President of the Republic or by the President of the National Assembly to the Constitutional Council which pronounces on their conformity with the Constitution. To the same ends, the laws, before their promulgation, can be deferred to the Constitutional Council by the President of the Republic, the President of the National Assembly, any parliamentary group or 1/10 of the members of the National Assembly. The seizing of the Constitutional Council suspends the time period of promulgation.
Article 96
Any pleader can raise the exception of unconstitutionality of a law before any jurisdiction. The conditions for seizing the Constitutional Council are determined by law.
Article 97
The Bills or proposals of law and the Bills of ordinances can be submitted for the advice of the Constitutional Council.
Article 98
The decisions of the Constitutional Council are not susceptible to any recourse. The are imposed on the public powers, on every administrative, jurisdictional, and military authority and on every physical and moral person.
Article 99
A provision declared contrary to the Constitution cannot be promulgated or put into application.
Article 100
The organic law determines the rules and organization and functioning of the Constitutional Council, the procedure and the time periods in which it has to decide.
