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congoHome > Lawyers > Congo > Constitution> constitutional council
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Constitutional Council

Title X Constitutional Council

Article 138: Institution

A Constitutional Council shall be instituted.

Article 139: Members, Eligibility, Renewal, Oath

1. The Constitutional Council shall consist of nine members distributed as follows:
  1. two Magistrates elected by the High Council of the Magistrate;
  2. two Law Professors from the University elected by their peers;
  3. two Lawyers elected by their peers; and
  4. three members named proportionally one by the President of the Republic, by the President of the National Assembly, and by the President of the Senate.
2. The members of the Constitutional Council, irrespective of their mode of designation, shall attest to a professional experience of at least fifteen years.

3. The Constitutional Council shall be renewed by thirds every two years.

4. When they take office, the members of the Council shall take an oath before the Parliament convened in Congress.

Article 140: President of the Council

1. The President of the Constitutional Council shall be elected by his peers for a duration of two years renewable.

2. He shall have the deciding voice in the case of an equal division of voices.

Article 141: Incompatibilities

The functions of a member of the Constitutional Council shall be incompatible with those of a Minister or a member of Parliament. Other incompatibilities shall be fixed by law.

Article 142: Competences

1. The Constitutional Council shall assure the control of the constitutionality of laws, international treaties and accords.

2. It shall he the principle regulator of the activities of public authorities.

Article 143: Control of Presidential Elections

The Constitutional Council shall ensure the regularity of the election of the President of the Republic, it shall examine contestants and proclaim the results of balloting.

Article 144: Control of Parliamentary and Local Elections

The Constitutional Council shall decree in the case of contestant upon the regularity of legislative and local elections.

Article 145: Control of Referendum

The Constitutional Council shall ensure the regularity of the operations of referendum and proclaim their results.

Article 146: Advice on Constitutionality of Legislation

Treaties, Bills, and Propositions of law before their ratification or their adoption by Parliament shall be submitted for advise by the Government to the Constitutional Council which shall pronounce upon their conformity to the Constitution.

Article 147: Submission of Laws for Control

1. Organic laws and the interior regulations of the National Assembly, Senate, and Local Councils shall before their being applied, be submitted to the Constitutional Council which shall pronounce upon their conformity to the Constitution.

2. To the same end, laws before their promulgation may be deferred to the Constitutional Council by the President of the Republic, the Prime Minister, the President of the National Assembly, the President of the Senate, the President of the Supreme Court, the President of the High Council of Information and Communication, the Presidents of Local Councils, or a third of the Deputies or Senators.

3. In the two cases prescribed in the preceding paragraphs, the Constitutional Council shall decree within a period of one month. Always, at the express demand of the initiator, this period may be reduced to ten days if urgency exists.

4. In these cases, the consideration of the Constitutional Council suspends the period of promulgation or publication.

Article 148: Review on Individual Application

1. Any person can address the Constitutional Council to the Constitutionality of Laws, either directly, or by the procedure of unconstitutional exception invoked before a jurisdiction in an affair which concerns him.

2. In the case of unconstitutional exception, the jurisdiction shall delay to decree and give to the initiator a period of one month from the notification of the decision.

Article 149: Binding and Final Force

The decisions of the Constitutional Council shall not be susceptible to any recourse. They impose themselves upon public powers, all public authorities, judiciaries, and particularities.

Article 150: Unconstitutional Provisions

A provision declared unconstitutional shall not be promulgated nor given effect.

Article 151: Law on Procedure

The law shall determine the rules of organization of functioning of the Constitutional Council, the procedure, and notably the periods within which contestants must be brought.

 
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