TITLE VII. OF THE JUDICIAL POWER
Article 166
A judicial power is instituted[,] exercised by the Supreme Court, the Courts of Appeal and the other national jurisdictions.
The Supreme Court, the Courts of Appeal, the Tribunals of first instance [Tribunaux de grande instance], the Administrative Tribunals, the Labor Tribunal, the Commercial Tribunals, the Tribunals of instance [Tribunaux d’instance] as well as the other national jurisdictions are created by the organic laws that establish their resort, their composition, their organization and their functioning.
Article 167
Justice is rendered on the national territory in the name of the Congolese People.
Article 168
The judicial power is independent of the executive power and of the legislative power.
The judicial power decides on the disputes arising [litiges nés] between citizens or between citizens and the State.
The judges are only submitted, in the exercise of their functions, to the authority of the law.
Article 169
The judicial power cannot intrude [empiéter] on the attributions of the executive power, or on those of the legislative power.
The executive power cannot decide on the disagreements [différends], or impede [entraver] the course of justice or oppose itself to the execution of a decision of justice.
The legislative power cannot decide on the disagreements, or impede [entraver] the course of justice or oppose itself to the execution of a decision of justice.
Any law, of which the goal is to furnish the solution to a process in course, is null and of no effect.
Article 170
A Superior Council of the Magistrature is instituted[,] presided over by the President of the Republic.
The Minister of Justice is [the] first Vice President of it. He can substitute for the President of the Republic in the presidency of the meetings of the Superior Council of the Magistrature.
The First President of the Supreme Court, the Procurator General, the Vice President, [and] the First Advocate General [Avocat général] are members by right of the Superior Council of the Magistrature.
They are placed [as] Magistrates outside [the] convention [magistrats hors convention].
The law establishes the modalities of the cessation of the functions of the Magistrates placed outside [the] convention.
Article 171
The President of the Republic guarantees the independence of the judicial power through the Superior Council of the Magistrature.
The Superior Council of the Magistrature decides as [a] council of discipline and as [the] organ of administration [gestion] on the career of the Magistrates.
The Superior Council of the Magistrature, under the authority of the President of the Republic, may take all measures that could contribute to the regular functioning of the Courts and Tribunals.
Article 172
The members of the Supreme Court and the magistrates of the other national jurisdictions are appointed by the President of the Republic, by decree in [the] Superior Council of the Magistrature.
The presiding Magistrates [magistrats du sige] are irremovable.
Article 173
The law establishes the special status [statut] of the sole [unique] body of the Magistrates of the Supreme Court, of the Courts of Appeal and of the other national jurisdictions.
Article 174
An organic law establishes the organization, the composition and the functioning of the Superior Council of the Magistrature.
