TITLE IX. THE CONSTITUTIONAL COURT
Article 85
The Constitutional Court shall be the judge of the constitutionality of the law sand it shall guarantee the fundamental rights of the human person and civil liberties.
It shall be the regulatory organ of the operation of the institutions and activities of the Public Authorities.
Article 86
The Constitutional Court shall obligatorily decide upon:
- the constitutionality of organic laws and laws before their promulgation, regulatory acts touching upon the fundamental rights of the human person and civil liberties;
interior regulations of the National Assembly, of the High Council of Territorial Units and of the Economic, Social and Cultural Council before they come into application when their conformity with the Constitution comes into question; conflicts between the institutions of the State regarding attribution; the regularity of all elections and operations of referendum of which it proclaims the results.
Article 87
The Constitutional Court shall resolve, in the case of contested validity of an election, by any elector, any candidate, any political party or delegate of the Government, within the conditions preordained by an organic law.
Article 88
Organic laws shall be submitted by the Prime Minister to the Constitutional Court before their promulgation.
Other categories of law as well as other regulatory acts may be deferred to the Constitutional Court by the President of the Republic, the Prime Minister, the President of the National Assembly or one tenth of the Deputies, the President of the High Council of Territorial Units or one tenth of the National Councilors or the President of the Supreme Court.
Article 89
The Constitutional Court shall reach its decisions (,) within an adversarial system the operation of which shall be determined by an organic law (,) within one month.
Always, upon the demand of the Government and in the case of urgency, this period shall be shortened to eight days.
Consideration suspends the time limit for promulgation of the law or application of the act.
A disposition declared unconstitutional shall not be promulgated or applied.
Article 90
International engagements described in Articles 114 to 116 shall be deferred before their ratification to the constitutional court, either by the President of the Republic, the Prime Minister, the President of the National Assembly or by one tenth of the Deputies, the President of the High Council of Territorial Units or by one tenth of the National Councilors.
The constitutional court verifies, within one month, if these engagements contain a clause contrary to the Constitution.
Always, upon the demand of the Government, if there is urgency, this time limit is shortened to eight days.
In the affirmative (finding of unconstitutionality) these engagements shall not be ratified.
Article 91
The Constitutional Court consists of nine members who carry the title of Councilor with a mandate of seven years renewable one time.
The nine members of the Constitutional Court shall be designated as follows:
- three shall be named by the President of the Republic of which at least two shall be jurists;
three shall be named by the President of the National Assembly of which at least two shall be jurists; three Magistrates shall be designated by the High Council of the Judiciary.
The Councilors shall be chosen principally from among professors of law, advocates and Magistrates having at least fifteen years of experience, as well as qualified personalities distinguished for service to the State.
Article 92
The President of the Constitutional Court shall be elected by his peers.
In the case of temporary incapacity, his term shall be assured by the oldest Councilor.
In the case of death or resignation of a member, the new member named by the authority of nomination concerned shall complete the mandate already commenced.
Article 93
The functions of a member of the Constitutional Court shall be incompatible with all public, political or administrative functions or all private or professional activities.
The members of the Constitutional Court take an oath during a solemn ceremony presided over by the President of the Republic before the convened National Assembly and the Supreme Court.
They take the following oath:
“I SWEAR TO CONSCIENTIOUSLY FULFILL THE OBLIGATIONS OF MYCHARGE, IN STRICT RESPECT OF THE OBLIGATIONS OF NEUTRALITY ANDRESERVE, AND TO CONDUCT MYSELF IN MAGISTRATORIAL DIGNITY ANDLOYALTY.”
Article 94
The decisions of the Constitutional Court shall not be subject to any recourse. They impose upon public authorities, all administrative and juridical authorities and all physical and moral persons.
The rules of organization and operation of the Constitutional Court, as well as the procedure followed before it, shall be determined by an organic law.
