TITLE VIII. OF THE CONSTITUTIONAL COUNCIL
Article 75
The Constitutional Council sees to respect for the constitutional principles. It controls the constitutionality of the laws.
It guarantees the fundamental rights of the human person and the public freedoms.
It is the regulatory organ of the functioning of the institutions and of the activity of the public powers.
Article 76
The Constitutional Council consists of six members having a mandate lasting eight years and which is not renewable. They are designated as follows:
- two appointed by the President of the Republic;
two appointed by the President of the National Assembly; two appointed by the Superior Council of the Magistrature.
It is renewed by half every four years.
The President of the Constitutional Council is appointed by the President of the Republic from among its members. He has the deciding vote in case of a tie.
The former Presidents of the Republic are members of right of the Constitutional Council.
The members of the Constitutional Council enjoy the immunity accorded to the members of the National Assembly.
The members of the Constitutional Council must be thirty years of age at least and be chosen principally from among the jurists of experience.
Article 77
The Constitutional Council sees to the regularity of all the elections and of the operations of referendum and proclaims the results of them. It examines the complaints and decides on them.
The Constitutional Council is referred to the matter in case of dispute concerning the validity of an election by any candidate or any political party.
Article 78
The organic laws, before their promulgation, and the internal regulations of the National Assembly, before their implementation, must be submitted to the Constitutional Council which decides on their conformity with the Constitution.
Article 79
To the same end, the laws may be deferred to the Constitutional Council before their promulgation by the President of the Republic, the President of the National Assembly or ten Deputies.
The referral to the matter of the Constitutional Council by the President of the Republic must intervene within the six days following the transmission that is made to him of the law definitively adopted; the referral to the matter by the President of the National Assembly or the Deputies must intervene within the time of six days from the definitive adoption of the law.
In the cases provided for by the two preceding paragraphs, the Constitutional Council must decide within a time of one month. However, at the demand of the President of the Republic, if there is urgency, this period is reduced to eight days.
In these same cases, the referral to the matter of the Constitutional Council suspends the time of promulgation.
A provision declared unconstitutional may not be promulgated or implemented.
Article 80
The provisions of law which concern the fundamental rights recognized to any person by the Constitution may be submitted to the Constitutional Council by way of pleadings if it involves an instance in course before a jurisdiction.
The pleadings of unconstitutionality may be raised by any plaintiff before any jurisdiction.
The jurisdiction referred to the matter must then suspend its decision and transmit the matter to the Supreme Court. The Supreme Court has a time of one month to reject the exception if it is not founded on a serious issue or, in the contrary case, refers the matter to the Constitutional Council, which decides in the time of one month.
A provision judged unconstitutional on the basis of this article ceases to be applicable and will no longer be applied in procedures.
Article 81
The decisions of the Constitutional Council establish authority concerning the matter judged. They are not susceptible to any recourse.
They are imposed on the public powers, on all the administrative and jurisdictional authorities as well as on all physical or moral persons.
Article 82
An organic law determines the rules of organization and of functioning of the Constitutional Council as well as the procedure to be followed before it. This organic law equally establishes the modalities of application of Article 80.
