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Organic Law No. 13/026 Of 15 October 2013 On The Organisation And Functioning Of The Constitutional Court

Original Language Title: Loi organique n° 13/026 du 15 octobre 2013 portant organisation et fonctionnement de la Cour Constitutionnelle

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Organic Law No. 13/026 of 15 October 2013 on the organization and operation of the Constitutional Court

Statement of Reasons

During the referendum on 18 and 19 December 2005, the Congolese people demonstrated their willingness to break with the old order. His Republican wish is today enshrined in several institutional reforms in the Constitution of 18 February 2006.

This Organic Law shall, in accordance with Article 169 of the Constitution, organize and operate the Constitutional Court. It aims not only to respond to the grantor’s option to separate constitutional litigation from administrative and judicial litigation, but also to strengthen the independence of the judiciary from the legislative and executive branches.

The Constitutional Court exercises specific material jurisdiction. It has a body of special magistrates by their skills, qualifications and designations. It benefits from the expertise of the Referendum Advisors.

A General Prosecutor ' s Office is established by the Constitutional Court. It includes the Attorney General, one or more First Attorneys General and General Lawyers.

The Court shall, inter alia, exercise the following powers:

· She is a judge of the Constitution of the Laws, of the acts having the force of the Law, of the Editorials, of the Inner Regulations of the Parliamentary Chambers, of the Congress, of the Institutions of Support to Democracy and of the regulatory acts of the administrative authorities;

· It is aware of remedies for interpretation of the Constitution and of conflicts of competence between the legislative and executive authorities, the State and the provinces as well as between jurisdictions

The Constitutional Court is the criminal jurisdiction of the President of the Republic and the Prime Minister.

It also has electoral skills. In this capacity, she considers the regularity of the process of presidential and legislative elections at the national level and the referendum.

This Act also organizes the procedure and procedures of the Constitutional Court and the effects of its decisions.

It comprises 120 articles in seven titles:

1. Part I: