The Constitutional Court is the judge of the constitutionality of the laws and it shall guarantee the fundamental laws of the individual and public liberties. It is the regulating body of the functioning of the institutions and the activity of the Public Powers.
The Constitutional Court must decide on:
- the constitutionality of organizational laws and other laws before their promulgation;
- the interior regulations of the National Assembly, the High Council of Collectives and of the Economic, Social and Cultural Council before they are put in application pertaining to their conformity to the Constitution;
- the arbitration of conflicts between institutions of the State;
- the regularity of presidential and legislative elections and the operations for referendums of which it shall declare the results.
The Constitutional Court shall rule, in a case contesting the validity of an election, of any candidate, any political party or delegate of the Cabinet, according to the conditions defined by an organizational law.
Organizational laws shall be submitted by the Prime Minister to the Constitutional Court before their promulgation. Other categories of laws, before their promulgation, may be referred to the Constitutional Court either by the President of the Republic, the Prime Minister, the President of the National Assembly, one tenth of the deputies of the National Assembly, the President of the High Council of Collectives or one tenth of the National Counselors, or by the President of the Supreme Court.
The Constitutional Court shall rule within a time period of one month according to the procedure for which the methodology shall be established by organizational law. However, by request of the Cabinet in a case of emergency, the time period may be reduced to eight days. Appeal shall suspend the time period of the promulgation of the law in question. A provision deemed or declared unconstitutional may not be promulgated or applied.
International engagements laid out in Articles 114 to 116 must be referred to the Constitutional Court before their ratification, either by the President of the Republic, the Prime Minister, the President of the National Assembly, one tenth of the deputies of the National Assembly, the President of the High Council of Collectives or one tenth of the National Counselors. The Constitutional Court shall determine, in a period of one month, if these engagements contain a clause contrary to the Constitution. However, by request of the Cabinet, if there is an emergency, this time period may be reduced to eight days. In the event of an affirmative reply, these engagements may not be ratified.
The Constitutional Court shall comprise of nine members who hold the title of Counselors with periods of office of seven years, once renewable. The nine members of the Constitutional Court are assigned in the following manner:
- three named by the President of the Republic of which two must be jurists;
- three named by the President of the National Assembly of which two must be jurists;
- three Magistrates designated by the Superior Council of the Magistracy.
The Counselors are chosen from Professors of law, Lawyers and Magistrates having at least fifteen years of practice, in addition to qualified personalities who have served the State honorably.
The President of the Constitutional Court shall be elected by his peers. In case of temporary inability, his position shall be filled by the eldest Counselor. In case of death or dismissal of a member, the newly named member, by the respective nomination authority, shall continue the period of office already commenced.
The functions of a member of the Constitutional Court shall not be compatible with any public, political, or administrative activity or any private or professional activity. The members of the Constitutional Court shall give an oath in a ceremony solemnly presided over by the President of the Republic before the National Assembly and the Supreme Court. They shall proclaim:
"I swear to conscientiously fulfill the duties of my office, with strict respect to the obligations of neutrality and reservation, and to conduct myself with dignity and loyalty to my public office."
The decisions of the Constitutional Court are not susceptible to any recourse. They shall intrude upon public powers, all administrative and jurisdictional authorities and on the morals and actions of the individual. The rules of organization and function of the Constitutional Court, in addition to the procedure followed before it, shall be determined by an organizational law.