Constitution

Mauritania 1991 Constitution (reviewed 2012)

Table of Contents

Title VI. Of the Constitutional Council

Article 81

The Constitutional Council is composed of nine (9) members, whose mandate lasts nine (9) years and is not renewable. The Constitutional Council is renewed by thirds (1/3) every three years. Four [4] of the members are appointed by the President of the Republic, three [3] by the President of the National Assembly, and two [2] by the President of the Senate.

The members of the Constitutional Council must be at least thirty-five (35) years old.

They cannot belong to the directive instances of the political parties. They enjoy parliamentary immunity.

The President of the Constitutional Council is appointed by the President of the Republic from among the members that he appointed. He has the deciding vote in case of [a] tie [cas de partage].

Article 82

The functions of member of the Constitutional Council are incompatible with those of member of the Government or of the Parliament. The other incompatibilities are established by an organic law.

Article 83

The Constitutional Council sees to the regularity of the election of the President of the Republic.

It examines the complaints and proclaims the results of the ballot.

Article 84

The Constitutional Council decides, in case of dispute, concerning the regularity of the election of the Deputies and of the Senators.

Article 85

The Constitutional Council sees to the regularity of the operations of referendum and proclaims the results.

Article 86

The organic laws, before their promulgation and the regulations of the Parliamentary Assemblies before their implementation must be submitted to the Constitutional Council which decides concerning their conformity with the Constitution.

To the same ends, the laws can be referred to the Constitutional Council, before their promulgation by the President of the Republic, by the President of the National Assembly, by the President of the Senate, or by one third (1/3) of the Deputies composing the National Assembly or by one-third (1/3) of the Senators composing the Senate.

In the cases specified in the two preceding paragraphs, the Constitutional Council must decide in the time of one (1) month. However, at the demand of the President of the Republic, if there is urgency, this time period is reduced to eight (8) days.

In these same cases, the referral of the Constitutional Council to [the matter] suspends the time period of promulgation.

Article 87

A provision declared unconstitutional may not be promulgated or implemented.

The decisions of the Constitutional Council are invested with the authority of a judged matter.

The decisions of the Constitutional Council are not susceptible to any recourse.

They impose themselves on the public powers and on all the administrative and jurisdictional authorities.

Article 88

An organic law determines the rules of organization and of functioning of the Constitutional Council[,] the procedure that is followed before it and notably the time periods opened for referral of disputes to it.

Get more fascinating contents like this on Facebook.