| The
Constitutional Council was established by the Constitution
of 23rd February 1989. The first paragraph of Article 153
stipulates, indeed, "A Constitutional Council is established
with the responsibility of ensuring the respect of the Constitution".
Its composition, its competence, the duration
of its members, the areas and time of control, the competent
constitutional authorities entitled to refer to it and
finally the sanctions (advises and decisions) it pronounces
as well as their consequences are determined by the Constitution
and specified by other texts.
The composition of the Constitutional
Council is specified in the first paragraph of Article
164 of the Constitution. Since the constitutional revision
on 28th November 1996, it is composed of nine (09) members:
three (03) designated by the President of the Republic
of whom the President, two (02) elected by the National
People's Assembly, two (02) elected by the National Council,
one (01) elected by the Supreme Court and one (01) elected
the State Council.
In accordance with Article 164 paragraphs
3 and 4 of the Constitution, the President of the Constitutional
Council is designated for a sole mandate of six (06) years.
The other members of the Constitutional Council carry
out a sole mandate of six (06) years and are renewed by
half of its members every three (03) years.
With regard to the legal authorities,
the article 166 of the Constitution stipulates that the
Constitutional Council is controlled by the President
of the Republic, the President of the National People's
Assembly or the National Council.
In addition to its attributions in terms
of the constitutional control, the Constitutional Council
supervises in accordance of Article 163, paragraph 2 of
the Constitution, the regular operations of a referendum,
presidential and legislative elections, and announces
the outcomes of its operations.
|
