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Decree No. 14/ 035 of 04 December 2014 on the organization and operation of the Registry of the Constitutional Court

Having regard to the Constitution, as amended and supplemented to date, by Act No. 11/002 of 20 January 2011 revising certain provisions of the Constitution of the Democratic Republic of the Congo of 18 February 2006, especially in its articles 22, 93 and 221;

Having regard to Act No. 13/026 of 15 October 2013 on the organization and operation of the Constitutional Court, particularly in its article 19;

Having regard to Order No. 003/2012 of 18 April 2012 appointing a Prime Minister;

Having regard to Order No. 12/004 of 28 April 2012 appointing Deputy Prime Ministers, Ministers, Associate Minister and Deputy Ministers;

Having regard to Order No. 12/007 of 11 June 2012 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government, as well as between members of the Government;

Having regard to Order No. 12/008 of 11 June 2012 establishing the powers of the Ministries; Considering the need to provide the Constitutional Court with a registry, a structure that is indispensable to it, adapted to the powers vested in this high jurisdiction of the Republic and regulating its functioning;

On the proposal of the Minister of Justice and Human Rights; The Council of Ministers heard;

DECRETE

PART I: GENERAL PROVISIONS

Article 1 This Decree sets out the organization and operation of the Registry of the Constitutional Court, in accordance with Article 19 of Organic Law No. 13/ 026 of 15 October 2013 concerning the organization and operation of the Constitutional Court.

Article 2 The Registry of the Constitutional Court shall be headed by a Chief Registrar in charge of, inter alia, the maintenance of order, distribution of work and coordination of activities within the Registry.

Article 3 Registry premises are accessible to the public throughout the working day from eight hours to fifteen hours.

TITRE II : DE L’ORGANISATION ET DES REGISTRES

Chapter 1: From the organization

Article 4 The office of the Registry shall provide, under the direction of the Chief Registrar, the stains related to the organization, administrative matters, technical support for the activities and management of the hearings of the Constitutional Court.

As such, they are responsible for:

• assign a number of appeals to mails identified as such;

• Preparing the recruitment of files for the hearing;

• Prepare and submit to the signature of the Chief Registrar the role of the hearing;

• Ensure the multiplication of files and their distribution for the hearing;

• Sort the pieces to the court files;

• Ensure the monitoring, classification, retention and archiving of records;

• Ensure the retention of hearing records; • Ensure the preservation of court records;

• Deliver large copies of court decisions. Other details concerning the organization and activities of the Registry are set out in the rules of procedure of the Constitutional Court.

Article 5 The Registry of the Constitutional Court shall include the following four services of the Registry:

(a) The Constitutional Registry;

(b) The Registry of Conflicts of Jurisdiction or Awards;

(c) The Criminal Registry;

(d) The Electoral Registry.

Chapter 2: Records

Article 6 It is held at the Registry of the Constitutional Court of the Registers of Roles, Records of the Statement of Costs, Books and Records, a Register of Written Statements of Family Heritage, a Register of Seizures and Confiscations and Records of the Judgments of the Constitutional Court.

Article 7 The roles records are in accordance with the models annexed to this Order. They permanently reflect the status of the proceedings in each case and the situation in the case. The procedural records are:

(a) The criminal register;

(b) The register on remedies for constitutional review;

(c) The register on remedies for interpretation of the Constitution;

(d) The register on conflicts of competence or attributions; e) The electoral litigation register.

Article 8 The statement of costs is maintained by the Chief Registrar’s good care. This registry includes the role number and for each case, as they are carried out, accounting transactions related to all proceedings. The Accountant Registrar shall maintain books and records in accordance with the Public Accounts Regulations.

Article 9 The register of declarations of family heritage records for each of the authorities bound to the obligation to declare the family heritage prescribed in article 99 of the Constitution, and in a sealed envelope, its individual declaration of heritage. This statement provides information on:

(a) Furniture goods, including shares, social shares, bonds, other values and bank accounts;

(b) Real property, including unbuilt land, forests, plantations and agricultural land, mines and all buildings, with relevant titles;

(c) The property of the spouse according to the chosen or legal matrimonial regime; d) The property of their minor or major but still dependent children.

Article 10 The register of seizures and confiscations mentions, inter alia, the entry of any object, any sum or any value of a seizure and the destination given to them.

Article 11 Five records of the Constitutional Court ' s rulings will be maintained:

(a) Appeals for constitutional control;

(b) Appeals for interpretation of the Constitution

(c) Conflicts of competence or attribution;

(d) Repressive prosecutions;

(e) Electoral litigation.

TITRE III : DU FONCTIONNEMENT

Article 12 The office of the Registry referred to in section 5 shall be headed by a Principal Registrar under his or her supervision by the Assistant Registrars. The Principal Registrars shall ensure the distribution of work to the clerks under their direct authority and coordinate their activities, including, in the coverage of the hearings, the keeping of records, records and records, and the issuance of procedural documents.

TITRE IV : DE LA PUBLICATION DES ARRETS

Article 13 It is created a Bulletin of the Constitutional Court judgments, which, under the editorial direction of the Chief Registrar, are published all judgements rendered. The rulings on unconstitutionality are, at the diligence of the Chief Registrar, published in the same forms as the legislative or regulatory acts found to be contrary to the Constitution.

PART V: ABROGATIVE AND FINAL PROVISIONS

Article 14 Any earlier provisions contrary to this Order are repealed.

Article 15 The Minister of Justice shall be responsible for the execution of this Decree which comes into force on the date of its signature.

Done in Kinshasa, 04 December 2014