Côte d’Ivoire 2000 Constitution

TITLE VIII. OF THE JUDICIAL POWER

Article 101

The judicial power is independent of the executive power and of the legislative power.

Article 102

Justice is rendered on the whole extent of the national territory in the name of the people, by the Supreme Jurisdictions: Court of Cassation, Council of State, Court of Accounts, and by the Courts of Appeal and the tribunals. The organic laws establish the composition, the organization and the functioning of these jurisdictions.

Article 103

The magistrates are only submitted, in the exercise of their functions, to the authority of the law. The magistrates of the Bench are irremovable.

Article 104

The President of the Republic is the guarantor of the independence of the magistrature.

He presides over the Superior Council of the Magistrature.

Article 105

The Superior Council of the Magistrature comprehends:

• The President of the Court of Cassation, Vice President of right;
  
  The President of the Council of State;

  The President of the Court of Accounts;

  The Procurator General before the Court of Cassation;

  Six persons from outside of the Magistrature of which three principals and three substitutes are appointed in equal number by the President of the Republic and the President of the National Assembly;

  Three magistrates of the Bench of which two principals and one substitute, and three magistrates of the Office of the Public Prosecutor of which two principals and one substitute, are designated by their peers. These magistrates cannot sit if they are affected by the deliberations of the Council.

Article 106

The Superior Council of the Magistrature meets on the convocation and under the presidency of the Presidency of the Republic to examine any issues concerning the independence of the Magistrature. Under the presidency of its Vice President, the Superior Council of the Magistrature:

• Makes proposals for the appointment of the magistrates of the Supreme Jurisdictions, of the first presidents of the Courts of Appeal and of the presidents of the tribunals of first instance;
  
  gives its advice concerning the appointment and promotion of the magistrates of the Bench;

  decides as a council of discipline of the magistrates of the Bench and of the Office of the Public Prosecutor.

Article 107

An organic law determines the conditions of application of the provisions concerning the Superior Council of the Magistrature.