Organization of the Constitutional Council

a) The composition of the Constitutional Council

The composition of the Constitutional Council is governed by paragraph 1 of Article 183 of the Constitution. It consists of twelve (12) members since the constitutional revision of 06 March 2016.

The three instituted powers by the Constitution are represented. Thus, under the executive power, the President of the Republic appoints four members including the President and the Vice-President of the Constitutional Council. Under the legislative power, each House of Parliament is represented by two members elected by their peers, and under the judiciary, two members are elected by the Supreme Court and two members by the Council of State.

Before taking office, the members of the Constitutional Council take an oath before the President of the Republic, pursuant to Article 183 (paragraph 6) of the Constitution.

b) Term of office

Under the provisions of Article 183 paragraphs 4 and 5 of the Constitution, the President and Vice-President of the Constitutional Council are appointed for a single term of eight (8) years.

The other members,either appointed or elected, serve a single term of eight (8) years, half of whom are renewed every four (4) years. Accordingly, with regard to the first renewal, the three unsuccessful members selected by lot serve a partial four (4) year term.

Membership term of office may come to an end, as a result of death, resignation or permanent impediment. In those cases, a deliberation is held after which a notification is made to the constitutional authority concerned, depending on whether the member concerned is appointed or elected.

In case of death or resignation of the President of the Constitutional Council, the Council meets under the chairmanship of the Vice-President and takes note of it. The President of the Republic is immediately informed.

Pursuant to Article 185 (paragraph 1) of the Constitution, the President, the Vice-President and the members of the Constitutional Council enjoy judicial immunity in criminal matters.

c) Mandate obligations

Incompatibilities

Obligations of the member of the Constitutional Council are governed by the regulation of 06 April 2016 setting the rules governing the functioning of the Constitutional Council which provides in Article 76 that:

"The members of the Constitutional Council are required, under Article 183 in fine of the Constitution, to carry out, in full neutrality and impartiality, their functions, to preserve the secrecy of the deliberations and to refrain from taking a public position on matters falling within the competence of the Constitutional Council. They are also bound by their duty to secrecy. "

In order to guarantee the impartiality and independence of the Institution, the Constituent has opted for a strict system of incompatibilities. Thus, according to paragraph 3 of Article 183 of the Constitution: "As soon as they are elected or designated, the members of the Constitutional Council shall cease any other mandate, function, task or mission, as well as any other liberal activity or profession". Therefore, any parliamentary mandate, governmental function or any other public or private activity, are incompatible with the function of constitutional judge. All as is prohibited, according to Article 10 (paragraph 3) of the organic law n ° 12-04 on political parties, the adherence of the members of the Constitutional Council to any political party.

However, this strictness is tempered by the opportunity offered to all members to participate, if they wish, in cultural and scientific activities when they are not likely to jeopardize the independence and impartiality of the Institution. .