| CHAPTER III : The judicial power |
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Art.
138 - The judicial power is independent. It is exercised within the
framework of the law. Art.
139 - The judicial power protects the society and the liberties. It
guarantees, to all and to everyone, the safeguard of their fundamental
rights. Art.
140 - Justice is founded on the principles of lawfulness and equality. Art.
141 - Justice is dispensed on behalf of the people. Art.
142 - Punishments should comply with the principles of lawfulness and
individuality. Art.
143 - Justice deals with appeals against and administrative
authorities decisions. Art.
144 - Justice decisions are justified and pronounced in public hearing. Art.
145 - All the qualified State bodies should ensure, at any time, in
any place and in any circumstances, the execution of justice decisions. Art.
146 - Justice is pronounced by magistrates. They can be assisted by
People’s assessors in accordance with the conditions defined by the law. Art.
147 - The judge obeys to the law only. Art.
148 - The judge is protected against any form of pressure,
interventions or manœuvres which prejudice his mission or the respect of
his free will. Art.
149 - The magistrate is answerable before the High Council of
Magistracy and within the forms prescribed by the law on the way he
accomplishes his task. Art.
150 - The law protects the justiciable against any abuse or deviation
of the judge. Art.
151 - The right for defence is recognized. Art.
152 - The High Court is the regulating body of the activities of the
courts and tribunals. Art.
153 - The organization, the functionning and other attributions of the
High Court, the Council of State and the Tribunals of Conflicts are
defined by an organic law. Art.
154 - The High Council of Magistracy is presided by the President of
the Republic. Art.
155 - The High Council of Magistracy decides, within the conditions
defined by the law, the appointment, transfer and the progress of the
magistrate’s careers. It
sees to the respect of the provisions provided for in the statute of the
magistracy and of the control of discipline under the chairmanship of the
First President of the High Court. Art.
156 - The High Council of Magistracy gives a prior consultative
opinion to the exercise of the right of free pardon by the President of
the Republic. Art.
157 - The composition, the functioning and the other prerogatives of
the High Council of Magistracy are defined by an organic law. Art.
158 - A High Court of State is instituted to deal with actions that
can be qualified of high treason committed by the President of the
Republic, with crimes and infringements committed by the Head of
Government during their office. The
composition, the organization and the functioning of the High Court of
State as well as the procedures of implementation are defined by an
organic law. |