The Supreme Constitutional Court Act - Act 7 Of 2014

Original Language Title: قانون المحكمة الدستورية العليا - القانون 7 لعام 2014

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4226&RID=-1&Last=10058&First=0&CurrentPage=1&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 7 of 2014

The Supreme Constitutional Court Act





President

Based on the provisions of the Constitution

And approved by the People's Assembly in its meeting held on 13/06/1435 H corresponding to 13/04/2014.

Issued as follows:

The first quarter set up the tribunal
Article 1-


Supreme Constitutional Court is an independent judicial body in the Syrian Arab Republic, based in the city of Damascus. Article 2-


In the application of the provisions of this law, the word "court" of the Supreme Constitutional Court, and the words "member of the Court," President of the Court and its members and that unless there is a provision to the contrary. Article -3


A court shall be composed of a ten-member be president one of them designated by the President by decree for a period of four years, subject to renewal, and starts calculating period from the date of Lists constitutional oath.

(B) the Court exercised its competence in the presence of its president and its members, and be legally held in the presence of a majority of its members.

C court makes its decisions by majority vote of those present, and in the event of a tie, the side in which the voice of the president.

D when the vacancy of the president or the absence or presence of mind to take his place has the oldest Valokdm of the members of the Court in all its powers, and in the case of older equality.

E determines the seniority of the members and not according to years of service, or in the practice where he worked before his appointment to the Court, and in the case of equal offers older. Article 4-


Whoever is appointed a member of the court that meets the following conditions:

Shall enjoy the Syrian Arab nationality, and does not carry another nationality.

Shall be Mtma forty-year-old did not exceed seventy-second.

C holder degree in law from a Syrian university or equivalent.

D in March of judicial work or law or teaching at law schools for at least fifteen years.
Article 5 -

May not be members of the so-called court of associating them kinship, or affinity, up to the fourth grade. Article 6
-

May not be called members of the court and the ministry or membership of the People's Assembly or membership on the boards of local administration or any profession or other job except teaching at the university.
Article 7 -

President of the Court and its members lead before the President of the Republic and in the presence of the President of the People's Assembly before assuming their duty the following section:

"I swear by Almighty God to respect the country's constitution and laws and to carry out my duty impartially and conscientiously."
Chapter II


General Authority for court
Article
8 -

General Authority of the Court is composed of full members.
Article 9 -

General Authority as follows:

Shall consider issues relating to the court system and internal affairs and the distribution of work among its members and their employees and all of their own affairs, as provided for in its rules of procedure.

(B) consideration of matters relating to accountability from its members and interrogated and dismissed.

(C) preparation of the draft budget of the Court and approval.

(D) the preparation and issuance of regulations relating to its work.

E mandate of President of the Court or the number of its members in some as fall within the terms of reference.
Article 10 -


Shall meet the General Authority of the Court at the invitation of President of the Court or at the request of three of its members, shall not be held valid unless attended by the majority of the membership

B heads the General Authority President of the Court or his representative.

C. General Authority issued its decisions by an absolute majority of the votes of those present, and in the event of a tie, the side in which the voice of the president.

D prove the proceedings of the General Authority in the record signed by the President.
Chapter III


Tribunal's jurisdiction

Article 11 -

Supreme Constitutional Court the following duties:

A control on the constitutionality of laws and legislative decrees and regulations.

B express an opinion on the constitutionality of laws and legislative decrees legal projects at the request of the President of the Republic and decrees.

(C) to express an opinion on the constitutionality of proposed laws at the request of the President of the People's Assembly.

D oversee the election of the President of the Republic and organizing special procedures to do so.

E consider the validity of the election of members for the People's Assembly and decide appeals.

F. Consideration of the validity of election of members of the People's Assembly and decide appeals

G try the president in the case of high treason.

H deciding on motions referred by the courts in the gallery challenged provisions not legal provision unconstitutional.

I interpret the provisions of the Constitution at the request of the President or the Chairman of the People's Assembly or the Prime Minister.

J consider the loss of President of the Republic for a filtration conditions and decision.

K consider the loss of a member of parliament for one of the conditions of nomination and decision.
Chapter IV


Procedures

First section

Procedures relating

Constitutionality of laws and legislative decrees and regulations

Article 12 -

Court shall have control over the constitutionality of laws, according to the following:

A. If you objected to the president or five members of the People's Assembly on the constitutionality of a law before promulgating immediately stop the issuance of filing an objection in a special register with the Board of the Court.

(B) the court decide on the objection within a period of fifteen days from the date of registration.

(C) If the law of urgency the court shall decide the objection within seven days from the date of registration it has.

(D) of the court decision to the President and Chairman of the People's Assembly during the three days following the date of issuance.
Article 13 -

Court shall have control over the constitutionality of a legislative decree and according to the following:

A. If you objected to the five members of the People's Assembly of the constitutionality of a legislative decree within fifteen days following the date of submission to the Council recorded in a special register an objection with the Board of the Court.

(B) the court decide on the objection within a period of fifteen days from the date of registration.

T of the court decision to the President and Chairman of the People's Assembly during the three days following the date of issuance.
Article 14 -

Court shall have control over the constitutionality of regulations or systems according to the following:

A. If you objected to the five members of the People's Assembly of the constitutionality of regulations or systems within fifteen days following the date of publication in the Official Gazette recorded in a special register an objection with the Board of the Court.


(B) the court decide on the objection within a period of fifteen days from the date of registration.

T of the court decision to the President and Chairman of the People's Assembly during the three days following the date of issuance.
Article 15 -

If you break the law court or legislative decree, regulation or order of the Constitution of counting decided to void what was contrary to the provisions of the Constitution which retroactively no consequence, and be notified of these provisions to all public authorities in the state and shall be published in the Official Gazette.
Section II


Express an opinion on the constitutionality of laws and legislative decrees

And legal decrees at the request of President of the Republic

Article 16 -

Court shall express an opinion on the constitutionality of laws and legislative decrees legal projects at the request of President of the Republic and decrees according to the following:

(A) the President shall transmit to the bill or draft legislative decree to the court for an opinion on the extent of the bill agree or draft legislative decree with provisions of the Constitution, or on the extent of the draft decree with the laws in force consensus.

B show the court reasoned opinion within fifteen days from the date of receipt of the request and the opinion within seven days in case of urgency.

(C) inform the Court its opinion to the President of the People's Assembly without publication.
Section III


Express an opinion on the constitutionality of proposed laws on the request of the President of the People's Assembly

Article 17 -

Court shall express an opinion on the constitutionality of proposed laws at the request of the President of the People's Assembly, according to the following:

A- head of the People's Assembly that the draft proposal to refer the law to the court to give an opinion on its compatibility with the provisions of the Constitution.

B show the court reasoned opinion within fifteen days from the date of receipt of the opinion request, and within seven days in case of urgency.

C inform the Court its opinion to the President of the People's Assembly without publication.
Section IV


Procedures relating to oversee the election of the President of the Republic

Article 18 -

A candidate to the post of President of the Republic as follows:

Shall be Mtma forty years of age.

Shall be enjoying the Syrian Arab nationality by birth parents enjoying the Syrian Arab nationality by birth.

C- to enjoy civil and political rights and not convicted of an offense outrageous even rehabilitated.

D not be married to a non-Syrian.

(C) be a resident of the Syrian Arab Republic for at least ten years to establish a permanent connected when submitting the candidacy application.

H- not hold any other nationality other than the nationality of the Syrian Arab Republic.

G. not be deprived of the right to vote.
Article 19 -

Invite the President of the People's Assembly to elect the president of the republic before the expiry of the mandate of the incumbent President in the period not less than sixty days and not more than ninety days, the invitation should contain the date of the election date.
Article 20 -

Submit the candidacy application to the presidential election by the candidate personally or his legal representative in accordance with the form prepared by the Court, and recorded in a special register has a sequence according to the receipt, during the ten days following the date of announcement of the call for elections.
Article 21 -


Attached with nomination request the following documents:

A- output under a civilian candidate.

B output under a civilian candidate for my parents.

C output under a civilian wife of the candidate.

D judicial record feed.

(C) support the establishment proves the establishment candidate in the Syrian Arab Republic for ten years permanently connected.

(H) a written statement of the candidate states not to the acquisition of any nationality but the nationality of the Syrian Arab Republic.

G. statement entitled establishment candidate and a way to contact him.
Article 22 -

A court shall have legal nominations study after receiving the endorsements of the Assembly members and decide upon within five days after the time limit for registration at the most.

(B) does not accept the candidacy application unless the nomination student obtained a written endorsement of his candidacy than thirty-five members of at least the members of the People's Council, nor any of those members may be in favor of more than one candidate for the presidency.
Article 23 -

Court announces the names of decided to accept the nomination.
Article 24 -

A. Those who refused his application before the court to appeal against this decision within three days from the date of rejection of his application.

(B) the court decides on the appeal within three days following the submission of the contract decision.
Article 25 -

(A) prohibits members of the Court advertising or publicity or leaking the contents of books written support, and kept the books at the head of the Supreme Constitutional Court.

Shall be excluded from the ban former contestant, who refused his application because of his lack of a law on the required number of books written in terms of support is entitled to see the names of the People's Assembly members who endorse only, provided Diaper secret what I am it.
Article 26 -

Court shall prepare a final list of candidates, and the declaration of this list by way of publication in the Official Gazette and in two daily newspapers, before fifteen days at least from the day fixed for the ballot.
Article 27 -

If the conditions required for the nomination of any of the candidates or were available only one candidate is not available MUST on the court to inform the president of the People's Assembly that during the four days of the date of the decision on the applications and within seven days at the most in the event of the appeal so they can be to open the door for nomination again in accordance with legal terms and durations.
Article 28 -

Court oversees the work of the Supreme Judicial Commission for election and sub-committees and commissions of the polling stations regarding the election of the President and in accordance with the provisions of the Law on General Elections.
Article 29 -

A Supreme Judicial Commission lifted the presidential election results to court.

(B) If the final results included for any candidate who obtains an absolute majority of the votes of those who participated in counting the candidate the election winner the post of president of the republic is declared by the President of the People's Assembly.

(C) If the results included no candidate obtains an absolute majority of the votes of those who participated in the elections, the President of the Court announces re-election in two weeks between the two candidates who obtained the greatest number of votes of voters who cast their ballots.

D is the candidate who receives the largest number of votes in the election winner returns the position of President of the Republic and the announcement of results by the president of the People's Assembly.
Article 30 -


Every candidate for the presidential elections to provide a final accounting of revenue and expenditure of the election campaign to the court within no later than thirty days from the date of announcement of the final election results.
Section V


Proceedings relating to the validity of the presidential election

Article 31 -

Court shall decide upon the validity of the special appeals elected president of the republic according to the following:

A. A challenge from a candidate who had not won to the court within three days from the date of announcement of election results, and restricts the appeal in a special register.

(B) must be challenged in advance of a lawyer professor.

(C) must be submitted with the appeal documents and evidence of the seriousness of the allegation.

(D) of the Court the right to approaching the relevant electoral process to obtain the necessary data or papers or records of election-related.

E court issued its verdict within seven days of the expiry date of the submission of appeals and the decision shall be concluded.
Article 32 -

If it is proved to the court of appeal's health that would affect the final result of the elections decided to vote in contested positions revoked, and they can be re-polling in those centers, and limited re-election who have already voted in it.
Section VI


Procedures relating to the People's Assembly elections, health

Article 33 -

Court shall decide on their own appeals elections of the Assembly members according to the following:

A. A challenge from a candidate who had not won to the court within three days from the date of announcement of the election results, and restricts the appeal in a special register.

(B) must be challenged in advance of a lawyer professor.

(C) A challenge in the face of the members elected for the same category that belongs to the appellant, the same circuit that presented his candidacy for.

(D) must be submitted with the appeal documents and evidence of the seriousness of the allegation.

E Court right in approaching the relevant electoral process to obtain the necessary data or papers or records of election-related.

F the court issued its verdict within seven days of the expiry date of the submission of appeals and the decision shall be concluded.
Article 34 -

If it is proved to the court of appeal's health that would affect the final result of the elections decided to respondent membership revoked.
Section VII


Procedures relating to the prosecution of President

Article 35 -

Court shall have plenary of the trial of the president in the event of being accused of treason. Article
36 -

Issued an indictment of the president of parliament a two-thirds majority, and sent by the President of the People's Assembly to the President of the Republic and the court on the day following its issuance.
Article 37 -

Court shall decide on the validity of the indictment request within the next thirty days of the date of informing the indictment.

(B) if it is proved to the Court issued its ruling condemning President concluded unanimously or by majority of Baquba Removal from office.

Section VIII

Deciding on motions referred

Of the courts in the gallery challenged provisions against legal provision unconstitutional

Article 38 -


Court shall decide on the motions referred to it by the courts in the gallery challenged provisions not a legal text or legislative decree or regulation unconstitutional within thirty days from the date of registration has in a special register.

(B) If the court decides the constitutionality of the contested text Bdsturith counting void from the date of its decision, and this decision is communicated to all public authorities in the state and shall be published in the Official Gazette.
Article 39 -

Shops are required to pay the court as follows:

Shall be seriously

Shall be required to settle the dispute
Article 40 -

Must include referral decision contested legal provision unconstitutional, the constitutional text and the defendant violating aspects of the offense.
Section IX


Interpreting the text of the Constitution at the request of the President of the Republic

Or People's Assembly Speaker or the Prime Minister

Article 41 -

To the President or the President of the People's Assembly or the Prime Minister to ask the court to interpret any provision of the Constitution under the request addressed to the court and entered in a special register.
Article 42 -

Court show interpreted within fifteen days from the date of receipt of request for interpretation, and within seven days in case of urgency.

Section X

Consider the loss of President of the Republic for a filtration conditions and decision

Article 43 -

A decision proposal to the loss of President of the Republic for a nomination of parliament a two-thirds majority of the conditions if the President of the Republic has acquired any other nationality other than the nationality of the Syrian Arab Republic, or if married to a non-Syrian, and sent by the President of the People's Assembly to the President of the Republic and the court the next day for issuance.
Article 44 -

Court shall decide on the validity of the proposal during the next five days to inform the Council's decision.

(B) if it is proved to the Court's health proposal issued its ruling concluded unanimously or by majority of the vacancy of the post.

Branch atheist ten

Consider the loss of a member of parliament for one of the conditions of nomination and decision

Article 45 -

A decision proposal to the loss of a member of parliament for one of the conditions of candidacy of Parliament in accordance with the Rules of Procedure, and sent by the President of the People's Assembly to the court on the day following its issuance.
Article 46 -

Court shall decide on the validity of the proposal during the next five days to inform the Council's decision.

(B) if it is proved to the Court's health proposal issued its ruling concluded unanimously or by majority vacancy membership.
Chapter V


Judgments

Article 47 -

Court rulings issued on behalf of the people in Syria
Article 48 -

Provisions Court concluded and not subject to appeal.
Article 49 -

A court rulings and decisions are binding on all state authorities.

Shall publish judgments and decisions referred to in the previous paragraph in the Official Gazette no charges within fifteen days from the date of issuance.

C consequent ruling unconstitutional a law or a legislative decree or regulation inadmissibility applied from the day following its publication.

(D) If the judgment is not related to the constitutional text is a penal verdicts of guilty on the basis of that text as if were not, and the president of the court to notify the Attorney General rule immediately after the pronouncement of conduct go with.
Chapter VI


Rights and obligations of members and immunities

Article 50 -


N member of the Court for the dismissal, except in cases provided for in this law.
Article 51 -

A member of the Court offers his resignation to the President to decide.

(B) if she refused to resign should a member of the Court to continue in office.

(C) Upon acceptance of the resignation filtered rights outgoing member of the Court in accordance with the provisions of the Rules of Procedure of the Court.
Article 52 -

General Authority for court dismissal of a member of the Court reasoned decision in the following circumstances:

A. If you have what it takes office conditions.

B. If the proportions of a member of the court order would prejudice or trust account or a serious breach of the duties or the requirements of his job.
Article 53 -

Shall meet the general body to consider the accountability of one of its members.

(B) If the Commission decides - after inviting the user to listen to his words - that there was probable cause to proceed with the impeachment proceedings Ndbt one of its members to investigate and prepare Lists referred to the investigation of the inevitability of full pay from the date of its decision to leave.

C displays investigation after the voting to the general assembly in session in the form of a disciplinary court, except for the part of its members in the investigation of the issue - after hearing Lists defense - its verdict of acquittal or a dismissal of the member, and be the judge concluded, and not subject to appeal.

(D) of the court's decision to dismiss the member to the President.
Article 54 -

President called the decree president or a member instead of the President or user story or resigning or deceased for a period not exceeding the remaining term of his predecessor.
Article 55 -

Member of the Court shall be subject to criminal prosecution to the assets and terms of reference used in the trial judges, according to the law of the judiciary, and in case of committing a crime Members remarkable president of the court knows it immediately and if the actor is learning President General Authority so.
Article 56 -

Prohibited by the court that prohibits judges.
Article 57 -

A- treats President of the Court treated the minister in pay, compensation, pension and all other benefits.

B determines the monthly salary of a member of the lump to the Supreme Constitutional Court in the amount of eighty thousand Syrian pounds, and compensation for the representation of ten thousand pounds.

C benefiting members of the Court of all compensation received by the judges, including judicial label.
Article 58 -

General Authority of the Court rule on the request by cold or disqualification or quarreling Chairman and members of the court except Lists complained of, and shall be the number of members present and liters to exclude newest members, and does not accept replies or quarreling all the members of the Court or some of them so that fewer rest of them five.
Article 59 -

Judicial vacations and holidays to the Court in the rules of procedure is determined.
Article 60 -

Back member of the Court of judges to his previous job after the end of his mandate in court unless it completed the specified retirement age in the judiciary, law or the law of the State Council.
Article 61 -

A- if called by the court of judges covered by the judicial authority law or the law of the State Council, its membership is listed in court intervention in the actual service account or upgrade promotion or retirement.


(B) If named member of the Court of lawyers enrolled in the registry declined to practice law during his term of office in the court with the survival of his union name is registered in the record, and the longer the term of office in the court for practice judgmental intervention in its services account for pension rights in his union provided paid fees due in accordance with the practice of the legal profession and regulations attached to it law.

(C) if called by the court of the faculty members in the School of Law, continued membership in the faculty, the promise of a full-time partly in its entirety during the period of his membership in the court, during which paid compensation to the peers of full-time part.

Chapter VII

Administrative and financial affairs

Article 62 -

Oversees President of the Court on its work and represented in their relations with others.
Article 63 -

President of the Court is Aaked alimony and paymaster, filter, and may delegate one of its members to do so.
Article 64 -

President of the Court shall exercise on its staff the powers exercised by the competent minister.
Article 65 -

Shall be transferred employees and assignment of an angel and the Ministry of Justice to the court and vice versa approval of the Minister of Justice and President of the Court and in accordance with applicable laws.

(B) the provisions of the Judiciary Act applied or basic workers in the state system on employees in the court with regard to accountability and disciplinary disciplinary.
Article 66 -

(A) The Court shall have an annual budget and the calculation of a final intervention in the state budget expenditures in full, and is an independent unit of account.

(B) The General Assembly shall prepare a draft budget of the Court and approval.

C practiced President of the Court authorized the Minister of Finance in the laws and regulations on the implementation of the court's budget authorities.

(D) shall apply to the court's budget and final account unless otherwise stipulated in this Law provisions of the financial law in the state.
Chapter VIII

General provisions


Article 67 -

The Supreme Constitutional Court has no right to consider the constitutionality of laws which the president of the republic to a referendum and approved by the people.
Article 68 -

Issued the General Authority for court regulations regarding the awareness was.
Article 69 -

Issued an angel employed by the Supreme Constitutional Court decree, the current owners of the court and is a part of it.
Article 70 -

Repealed Legislative Decree No. 35 issued on 13/5/2012.
Article 71 -

This law shall be published in the Official Gazette.

Damascus on 16/6/1435 AH corresponding to 04/16/2014 AD's



President of the Republic

Bashar al-Assad