Microsoft Word - Law No. 1 2012-014.doc
ION 2012-014 establishing a Special Chamber designated "Special Electoral Court" (CES) in
of the High Constitutional Court EXPLANATORY MEMORANDUM
In view of the organization of elections of the first President of the Fourth Republic and deputies to the National Assembly polls whose dress should initiate the release of Madagascar's political crisis and return to constitutional order , the Malagasy political actors have agreed, pursuant to section 11 of the Road Map inserted into the internal legal order by Act No. 2011-014 of 28 December 2011 that "a special electoral court will be created provisional basis. She will be in charge of electoral disputes and the proclamation of the final results of presidential and legislative elections. "
Also, the development of this law with 15 items she is the implementation of commitments made by political actors in the Road Map including the establishment of the Special Electoral Court.
If the concern of the transition authorities is that of anchoring the new constitutional regime in the reality of a true democratic state where the principle of constitutionality and submission to the constitutional norm must be recognized, then it is its responsibility to enforce the rules. Consequently, if for political reasons, the institutionalization of a special court to hear the disputes of the first elections of the President of the Republic and Members of the National Assembly, is needed; it is appropriate to include respect for the hierarchy of norms within the legal system of the Fourth Republic.
As such, it is necessary to make the Special Electoral Court a special chamber of the High Constitutional Court but distinct composition and whose decisions will be made on behalf of the latter, as required by the provisions of Constitution.
The particular circumstances that the nation is currently experiencing, and to ensure political neutrality and an unquestionable impartiality of the Special Electoral Court, the special court is composed of Judges of First Grade 2
elected by the College of Magistrates. It is chaired by the President of the High Constitutional Court.
All members of the Special Electoral Court sit ex officio in that jurisdiction.
The proceedings before the Special Electoral Court is that provided by the provisions of the Electoral Code regarding the presidential and legislative elections, and those related under the provisions of Ordinance No. 2001-003 of 18 November 2001 on the high Constitutional Court.
Created an exceptional and temporary basis, as outlined in the Road Map inserted into the internal legal order by Act No. 2011-014 of 28 December 2011, the Special Electoral Court ceases to exist from the exhaustion of litigation relating to presidential and legislative elections which is submitted after the announcement of final results.
This is the purpose of this Act. 3
ION 2012-014 establishing a special room called "Special Electoral Court" (CES) in
of the High Constitutional Court
The Congress of the Transition and the High Council of the Transition adopted in their meetings dated 7 June 2012 and 20 June 2012, the law which reads as follows:
Article premier.- accordance with Article 11 of the Road Map inserted into the internal legal order by Act No. 2011-014 of 28 December 2011, it is created within the High Constitutional Court a special room called "special Electoral Court."
The Special Electoral Court exercises the full powers conferred on the High Constitutional Court in electoral matters in the context of the first elections of the President of the Republic and Members of the National Assembly of the Fourth Republic.
It rules on the validity of the election of the first President of the Fourth Republic, as well as the regularity of the first elections of the deputies of the National Assembly of the Fourth Republic and investigate complaints and disputes relating to elections s 'y related.
It proclaims the final results for these elections.
The Special Electoral Court ceases to exist from the exhaustion of the contentious elections.
Art.2 .- The Special Electoral Court consists of nine members:
- President of the High Constitutional Court, ex officio; - Eight judges in first grade activity including two of the judiciary, four
of the administrative order, two of the financial, elected by the college of judges;
Article 3: The President of the High Constitutional Court is the President of the Special Electoral Court.
Art.4.-Members are elected because of their legal competence. They must be of good character, honest, upright, not being affiliated with a political party. 4
Article 5: The members of the Special Electoral Court sit ex officio in said Court.
The organization and mode of election of judges elected by the Electoral Court Special members are defined by the two Heads of Madagasikara Supreme Court which constitute the electoral commission. The result is announced by electoral commission said.
The appointment of members of the Electoral Court Special is established by decree of the Council of Ministers.
Article 6: The mandate of a member of the Electoral Court is incompatible with Special:
- that of a member of an institution with the exception of the President of the High Constitutional Court;
- One member of the Independent National Electoral Commission of the Transition;
- The Company Secretary, General Manager or Director in a public administration;
- One member of the High Judicial Council; - Any elected public office; - Any activity within a political party or organization or in a union.
When a member of the Electoral Court Special is in one of the cases above inconsistency, his acceptance of the new features deprive him of his previous mandates or functions.
Art.7.- Members of the Special Electoral Court are sworn in at the beginning of the session under the provisions of Article 9.
Before taking office, the members of the Electoral Court must swear Special solemn audience of the Supreme Court in the following terms:
"Mianiana aho fa hanatanteraka antsakany sy ny andavany ary amim- pahamendrehana andraikitra atolotra ahy ao amin'ny Fitsarana Manokana Momba ny Fifidianana, tsy hiandany amin'iza na na fa amin'iza handray fanapahan-kevitra ankalalahana ka ny ny fanajana Lalàmpanorenana sy ny lalana manan-kery ary ireo Foto- kevi-dehibe raiketiny No. hany hibaiko ahy amin'izany. Mianiana koa aho fa tsy ary hitandro mandrakariva hamboraka na na oviana oviana ny ny tsiambaratelon'ny diniky Fitsarana ".
Art.8.- In case of compulsory retirement or death of members of the Special Electoral Court, the heads of the Supreme Court find joint decision by the appointment, within eight days, the candidate with , second, the largest number of votes in the first election.
5 Art.9.- The Special Electoral Court held a session during the election period provided for in Article I of this Act. The session starts a month before the election date and ends at the exhaustion of the litigation concerned the election.
Art.10.- The provisions of Articles 1, 2, 3, 4, 6 and 12 of Ordinance No. 2001-003 of 18 November 2001 on the organic law on the High Constitutional Court do not apply members of the Special Electoral Court.
Article 11: The Electoral Court Special applied to all procedural rules for the said categories of elections by the Electoral Code, and those related under the provisions of Ordinance No. 2001-003 of 18 November 2001 on the High Constitutional Court.
The Registry works under the jurisdiction of the Electoral Court is provided by the Special Registry of the High Constitutional Court under the provisions of Ordinance No. 2001-003 of 18 November 2001.
Art.12. - the funds necessary for its operation are subject to budgetary proposals adopted jointly by the President of the Electoral Court and the Special Ministers responsible for Budget and Finance.
The credits of the Electoral Court Special Budget are distributed and open deliberation by its members. The President is spending authority of that Court.
Operating expenses are incurred after visa control of expenditures whose intervention may cover only the regularity of these.
In case of refusal of visa by the control of expenditures, the President of the Electoral Court Special seized the Prime Minister of a memory, replicating the reasons for refusal.
In this case, the Prime Minister may recommend to control expenses incurred to grant the visa.
Art.13.- Members of the Special Electoral Court granted the same benefits granted to members of the High Constitutional Court.
However, any equipment available to members of the Special Electoral Court in the discharge of their duties, must be submitted to the State, at the end of their mandate.
Art.14.- Because of the urgency and in accordance with Article 4 of Ordinance No. 62-041 of 19 September 1962 on general provisions of internal law and private international law, this Act comes into force immediately once it has received a publication by radio and television broadcast or posting, regardless of its inclusion in the Official Journal. 6
Art.15.- This law shall be published in the Official Journal of the Republic.
It will be enforced as a law of the state.
Antananarivo, June 20, 2012
THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF THE TRANSITION
Rasolosoa Dolin RAKOTOARIVELO Mamy