Act No. 15/An/ 12/6Th Amending Certain Provisions Of Two Organic Laws Relating To The Superior Council Of The Judiciary.

Original Language Title: Loi N° 15/AN/ 12/6ème L portant modification de certaines dispositions de deux lois organiques relatives au Conseil Supérieur de la Magistrature.

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Organic Law No. 15/AN/ 12/6th Amending certain provisions of two organic laws relating to the Superior Council of the Magistrature.


VU The Constitution of 15 September 1992;
VU The Organic Law n°3/AN/93/3rd L of April 07, 1993 on the organization and functioning of the Supreme Council of the Judiciary;
VU Law No.9/AN/01/4th L of 18 February 2001 on the status of the judiciary;
VU Act No. 10/AN/01/4 L of 18 February 2001 amending certain provisions of Act No. 3/AN/01/4th L of 07 April 1993 on the organization and operation of the Supreme Council of the Judiciary;
VU Decree 2001-062/PRIMJAP setting out the modalities for the application of Act No.9/AN/01/4th L of 18 February 2001 on the status of the judiciary;
VU Decree No. 2011-0066/PRE of 11 May 2011 appointing the Prime Minister;
VU Decree No. 2011-0067/PRE of 12 May 2011 appointing members of the Government;
VU Order No.2011-0076/PRE dated 17 May 2011 establishing the responsibilities of departments;
VU Circular n°161/PAN of 5/07/2012 convoking the National Assembly in its first public session of the Extraordinary Session of the National Assembly.

The Council of Ministers heard at its meeting on 10 April 2012.

Article 1: Article 2 of organic law n°10/AN/01/4th Amending certain provisions of Act No.3/AN/93/3 The text is as follows:

The Supreme Council of the Judiciary consists of four magistrates elected by their peers who have been elected for a term of four years.

Can be applied to the first-class magistrates with at least 15 years of age and the second-grade magistrates with at least 10 years of seniority. The magistrates gathered in congress elect two candidates from each rank.

Article 2: Section 4 of the Act referred to in the preceding section is amended as follows:

The High Judicial Council in disciplinary matters is presided over by the oldest magistrate and the highest rank.

Article 3: Section 16 of Act No.3/AN/93/3rd L of 7 April 1993 on the organization and operation of the Supreme Council of the Judiciary is amended as follows:

In the course of the investigation, the rapporteur heard the magistrate prosecuted and whether the complainant and the witnesses were required. He performs all relevant investigative acts.

Article 4: The provisions before this Act are repealed.

Article 5: This Act shall enter into force upon promulgation in the official newspaper of the Republic.

Done in Djibouti on 08/09/2012

President of the Republic,
Head of Government