TITLE VI

THE CONSTITUTIONAL COUNCIL

Article 81: The Constitutional Council shall be composed of six (6) members, whose mandate shall least nine (9) years and shall not be renewable. One third (1/3) of the Constitutional Council shall be chosen every three (3) years. Three (3) of the members shall be appointed by the President of the Republic, two (2) by the President of the National Assembly and one (1) by the President of the Senate. The members of the Constitutional Council must be at least thirty-five (35) years old. They may not belong to the leadership of any political party. They shall enjoy parliamentary immunity. The President of the Constitutional Council shall be appointed by the President of the Republic from among the members whom he shall name. He shall have the deciding vote in the case of a tie.

Article 82: The functions of a member of the Constitutional Council are incompatible with those of a member of the government or of Parliament. Any other incompatibilities shall be examined by an organic law.

Article 83: The Constitutional Council shall evaluate the legality of the election of the President of the Republic. It shall examine challenges and announce the results of the election.

Article 84: In the case of a dispute, the Constitutional Council shall judge the legality of the election of the deputies and the senators.

Article 85: The Constitutional Council shall evaluate the legality of the referendum and announce the results.

Article 86: The organic laws, before they be promulgated, and the regulations of the parliamentary assemblies, before they may be applied must be submitted to the Constitutional Council, which shall certify that they are in conformity with the Constitution. For the same purpose, the laws, before they are promulgated, may be submitted to the Constitutional Council, by the President of the Republic, the President of the National Assembly, the President of the Senate or by one third (1/3) of the senators in the Senate. In the cases set forth in the two preceding paragraphs, the Constitutional Council must rule within one (1) month. However, at the request of the President of the Republic, if it is urgent, this time limit shall be reduced to one (1) week. In the same cases, the submission of a law to the Constitutional Council shall suspend the time limit for its promulgation.

Article 87: A provision which is declared unconstitutional may not be promulgated or put into operation. The decisions of the Constitutional Council shall assume authority over the matters brought before it. The decisions of the Constitutional Council shall not be subject to appeal. They must be complied with by the public authorities and by all administrative and jurisdictional authorities.

Article 88: An organic law shall determine the rules governing the organization and the functioning of the Constitutional Council, the procedure which shall be followed before it, and in particular, the time limits for referring challenges to it.