The Contitutional Council

The Constitutional Council was instituted by the Constitution of February 23, 1989. Article 153 subparagraph 1st lays out indeed, "It is instituted the Constitutional Council, charged with taking care of the respect of the Constitution".

Its composition, its competences, the duration of its members, the fields and the moments of control, the constitutional authorities entitled to seize it and finally the sanctions (opinion and decisions) which it pronounces as their effects are determined by the Constitution and are specified by other texts.

The composition of the Constitutional Council is governed by subparagraph 1st of article 164 of the Constitution. It is composed since the constitutional revision of November 28 1996 of nine (9) members: three (03) indicated by the President of the Republic of which the President, two (02) elected officials by the National People Assembly, two (02) elected officials by the Council of the Nation, one elected official (01) by the supreme Court and one (01) elected official by the Council of State.

Under the terms of the provisions of article 164 subparagraphs 3 and 4 of the Constitution, the President of the Constitutional Council is appointed for six (06) years a single mandate. The other members of the Constitutional Council fill six (06) years a single mandate and are renewed per half all the three (03) years.

Being the authorities, article 166 of the Constitution stipulates that the constitutional Council is received by the President of the Republic, the President of the National People Assembly or the Council of the Nation.

In addition to its attributions as regards control of constitutionality, the constitutional Council takes care, under the terms of subparagraph 2 of article 163 of the Constitution, with the regularity of the operations of referendum, election of President of the Republic and legislative elections and proclaims the results of its operations.

Official website of the Constitutional Council.