Republic of the Congo 2015 Constitution - Page 9 of 22

Table of Contents

TITLE VIII. OF THE CONSTITUTIONAL COURT

Article 175

The Constitutional Court is the high jurisdiction of the State in constitutional matter.

It is [the] judge of the constitutionality of the laws, [and] of the international treaties and agreements.

The Constitutional Court is the regulatory organ of the functioning of the institutions and of the activities of the public powers.

Article 176

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

It examines the claims and proclaims the definitive results of the ballot.

The Constitutional Courts sees to the regularity of the operations of the referendum and proclaims the definitive results of it.

Article 177

The Constitutional Court is [the] judge of the electoral disputes of the legislative and senatorial elections. As such, it examines the recourses concerning the contesting [contestation] of the candidatures and of the results of those elections.

The disputes of the elections other than those specified in this Constitution arise in the ordinary jurisdictions.

Article 178

The Constitutional Court is referred to [a matter] by the President of the Republic, by the President of the National Assembly, by the President of the Senate, the Prime Minister or by a third of the members of each Chamber of the Parliament.

Article 179

The Constitutional Court is referred to [a matter], for opinion of conformity, before the promulgation of the organic laws or the implementation of the Internal Regulations of each Chamber of the Parliament.

In this case, the Constitutional Court decides within a time period of one (1) month.

However, on the express demand of the petitioner [requérant], this time period can be reduced to ten (10) days if there is urgency.

The referral [to a matter] of the Constitutional Court suspends the time period for promulgation of the law or for the implementation of the Internal Regulations.

Article 180

Any person [particulier] can, either directly, or by the procedure of the plea [exception] of unconstitutionality invoked before a jurisdiction in a matter that concerns him, refer the Constitutional Court to [a matter] concerning the constitutionality of the laws and of the treaties.

In the case of [a] plea of unconstitutionality, the referred jurisdiction postpones [its] decision and grants [impartit] the petitioner a time period of one (1) month from the notification of the decision to refer [the matter] to the Constitutional Court.

Article 181

A provision declared unconstitutional cannot be promulgated or implemented.

The decisions of the Constitutional Court are not susceptible to any recourse. They impose themselves on the public powers, on all the administrative authorities, jurisdictional [authorities] and on individuals [particuliers].

Article 182

The Constitutional Court is composed of nine (9) members appointed as follows:

three (3) by the President of the Republic;

two (2) by the President of the Senate;

two (2) by the President of the National Assembly;

two (2) by the Supreme Court from among the members of this jurisdiction.

Article 183

The President of the Constitutional Court is appointed by the President of the Republic from among its members. He has [a] preponderant voice in the case of equal division [partage] of the voices.

Article 184

The functions of member of the Constitutional Court are incompatible with those of member of the Government, of the Parliament or of the Supreme Court.

Article 185

The notable persons [personnalités] condemned for forfeiture, high treason, perjury or any other crime may not be members of the Constitutional Court.

The other incompatibilities are established by the law.