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The Supreme Constitutional Court Act - Act 7 Of 2014

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

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Supreme Constitutional Court Act-Law 7 of 2014


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Act No. 7 of 2014
Date-birth: 2014-04-16 History-Hjri: 1435-06-19
Published as: 2014-04-16
Section: A law.

Information on this Act:
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Law 7 of 2014
The Constitutional Court Act Upper

President
Based on the Constitution
It was approved by the People's Assembly at its meeting held on 13/6/1435 A.H., 13/4/2014.
The following are issued:

Chapter I

Formation of court

Article 1
The Supreme Constitutional Court is an independent judicial body in the Syrian Arab Republic based in the city of Damascus.
Article 2
In applying the provisions of this law, he means a word. Court. The Supreme Constitutional Court, Court member. The President and members of the Court, unless there is a contrary provision.
Article 3
a. The Court shall be composed of eleven members, one of whom shall be a President designated by the President of the Republic by decree for a period of four years, renewable, and the calculation of the term from the date of the member's performance begins with the constitutional oath.
b. The Court shall exercise its jurisdiction in the presence of its President and its members, and shall be held legally in the presence of a majority of its members.
c. The Court shall issue its decisions by a majority vote of the present, and in the case of an equal vote, the President is likely to vote.
d. When the office of the President is vacant or absent or there is an impediment to his or her senior standing, the oldest members of the Tribunal shall be in all its terms of reference, and in the case of an older one.
(e) The seniority of the members shall be determined by the absence of years of service or practice in the entity in which he or she was employed prior to his appointment to the Tribunal, and in the case of an equal offer by the older persons.
Article 4
A member of the Tribunal shall be required to have the following conditions:
a. He has Syrian Arab nationality and does not have another nationality.
b. To be 40 years of age and not more than 72.
c. Holds of leave in rights from a Syrian university or its equivalent.
d. March judicial work, law or teaching in law schools for at least fifteen years.
Article 5
Members of the court may not be called the link of kin, or smelters, up to the fourth degree.
Article 6
Members shall not be named in court and between the Ministry, the People's Assembly, the membership of local boards of directors or any other profession or occupation except for teaching at the university.
Article 7
The President of the Court and its members, before the President of the Republic and in the presence of the President of the People's Assembly before taking office, shall:
??? I swear to God, I respect the Constitution of the country and its laws and do my duty with impartiality and honesty."

Chapter II

General body of the Tribunal

Article 8
The plenary of the Tribunal shall be composed of the entire membership.
Article 9
The General Authority:
a. Consideration of matters relating to the system and internal affairs of the Tribunal and the distribution of work between its members and staff and all their affairs, as provided for in its rules of procedure.
b. Consideration of matters pertaining to the accountability, investigation and dismissal of its members.
c. Preparation and approval of the draft budget of the Tribunal.
d. Preparation and promulgation of regulations relating to its work.
e. Delegation of the President or a number of its members in some of its terms of reference.
Article 10
a. The plenary of the Tribunal shall meet at the invitation of the President of the Tribunal or at the request of three of its members, which shall be valid only in the presence of a majority of its members
b. The President of the Tribunal shall be headed by the President or his/her substitute.
c. The plenary shall issue its decisions by an absolute majority of the votes of the present and, in the event of equality of votes, the likely aspect of the President's vote.
d. The proceedings of the General Authority shall be established in a register signed by its President.

Chapter III


Terms of reference

Article 11
The Supreme Constitutional Court shall be competent to:
a. Oversight of the constitutionality of laws, legislative decrees, regulations and regulations.
b. To express an opinion on the constitutionality of draft laws, legislative decrees and the legality of draft decrees at the request of the President of the Republic.
c. To express an opinion on the constitutionality of law proposals at the request of the President of the People's Assembly.
d. Supervision of the election of the President of the Republic and the organization of the procedures for that.
e. Consideration of appeals for the validity and determination of the election of members of the People's Assembly.
Consideration of appeals for the validity and determination of the election of members of the People's Assembly
g. Trial of the President of the Republic in case of high treason.
h. Decisions referred to by the courts in the appeal against the constitutionality of a legal text.
i. Interpretation of the texts of the Constitution at the request of the President of the Republic, the President of the People's Assembly or the Prime Minister.
Consideration of the loss of the President of the Republic to one of the conditions for nomination and determination.
k. Consider the loss of a member of the People's Assembly to one of the conditions for nomination and determination.

Chapter IV

Actions

Section I
Related actions
The constitutionality of laws, legislative decrees, regulations and regulations


Article 12
The Court shall control the constitutionality of laws according to the following:
a. If the President of the Republic or five members of the People's Assembly object to the constitutionality of a law prior to issuing it, it shall cease immediately following the registration of an objection in a special register with the Court
b. An objection shall be decided by the Court within fifteen days from the date of its registration.
c. If the law is a matter of urgency, the court must decide the objection within seven days of the date of its registration.
d. The Court shall inform its decision to the President and the President of the People's Assembly within three days at the most following the date of its issuance.
Article 13
The Court shall control the constitutionality of a legislative decree according to the following:
a. If five members of the People's Assembly objected to the constitutionality of a legislative decree within fifteen days following the date of its submission to the Council, the objection shall be recorded in a special register with the Court's Court.
b. An objection shall be decided by the Court within fifteen days from the date of its registration.
The Court shall inform its decision to the President of the Republic and the President of the People's Assembly within three days at the most following the date of its issuance.
Article 14
The Court shall control the constitutionality of regulations or regulations according to the following:
a. If five members of the People's Assembly object to the constitutionality of the regulations or regulations within fifteen days following the date of publication in the Official Gazette, the objection shall be registered in a special register with the Court of the Court.
b. An objection shall be decided by the Court within fifteen days from the date of its registration.
The Court shall inform its decision to the President of the Republic and the President of the People's Assembly within three days at the most following the date of its issuance.
Article 15
If the court decides to violate the law, the legislative decree, the statute or the system for the constitution, it is not void of any retroactive effect and does not have any effect, and that these provisions are communicated to all public authorities in the State and published in the Official Journal.

Section II

Opinion on the constitutionality of bills and legislative decrees
and the legality of the draft decrees at the request of the President

Article 16
The Court shall express an opinion on the constitutionality of bills, legislative decrees and the legality of draft decrees at the request of the President of the Republic, according to the following:
a. The President of the Republic shall transmit the draft law or draft legislative decree to the Court to express an opinion on the compatibility of the draft law or the draft legislative decree with the provisions of the Constitution or on the compatibility of the draft decree with the laws in force.
b. The Court shall render its opinion reasoned within fifteen days of the date of receipt of the request for opinion and within seven days as a matter of urgency.
c. The Court shall communicate its opinion to the President of the People's Assembly without publication.

Section III

Opinion on the constitutionality of proposals made by the President of the People's Assembly

Article 17
The Court shall express an opinion on the constitutionality of proposals made by the President of the People's Assembly according to the following:
a. The President of the People's Assembly may refer the draft law proposal to the Court for an opinion on its compatibility with the provisions of the Constitution.
b. The Court renders its opinion reasoned within fifteen days of the date of receipt of the request for opinion, and within seven days as a matter of urgency.
The Court shall communicate its opinion to the President of the People's Assembly without publication.

Section IV

Procedures for the supervision of the election of the President

Article 18
The candidate for the office of President of the Republic is required to:
a. Be 40 years old.
b. To be entitled to Syrian Arab nationality by birth from two parents enjoying Syrian Arab nationality by birth.
It shall be entitled to enjoy its civil and political rights and is not bound by an outrageous offence if it is to be considered as a criminal offence.
Do not be married to non-Syrian.
c. To be resident in the Syrian Arab Republic at least ten years of permanent residence at the time of submission of the application for nomination.
h. Does not hold any nationality other than the nationality of the Syrian Arab Republic.
He shall not be deprived of the exercise of the right to vote.
Article 19
The President of the People's Assembly shall elect to elect the President of the Republic before the expiration of the term of office of the incumbent President for a minimum of 60 days and no more than ninety days, and the invitation shall include the date of the date of
Article 20
The nomination application for the election of the President of the Republic shall be submitted by the candidate in particular or his legal agent in accordance with the model prepared by the Court and shall be registered in a special register with a sequence of receipt within ten days following the date of the announcement of the invitation to the elections.
Article 21
The filter request is accompanied by the following documents:
a. A civil registration of the candidate.
b. A civil registration of the candidate's parents.
v. Civil registration of the candidate's wife.
3. Conclusion of the forensic record.
c. A residence permit to be established in the Syrian Arab Republic for a continuous period of ten years.
h. A written statement by the candidate stating that he has acquired no nationality other than the nationality of the Syrian Arab Republic.
A. Statement of the title and means of communication of the candidate.
Article 22
a. The Court shall study the legality of applications after receiving the support of the members of the People's Assembly and will decide on them within five days following the time limit for their registration at most.
b. The application for nomination shall be accepted only if the applicant has written support for the nomination of at least thirty-five members of the People's Assembly, and none of these members may support more than one candidate for the presidency of the Republic.
Article 23
The Court shall announce the names of those who have decided to accept
Article 24
a. A person who has rejected his application for nomination by the Court shall be entitled to appeal against this decision within three days of the date of rejection of his application.
b. This complaint shall be decided by the Tribunal within three days following the submission of a decision.
Rule 25
a. It is prohibited for members of the Court to declare, publicize or leak the content of written support books and to preserve those books with the President of the Supreme Constitutional Court.
b. Excluded from the previous ban, which rejected his application for nomination because he did not obtain the required number of written support books, where he was entitled to familiarize himself with the names of the members of the People's Assembly who supported him only, provided that he maintained the confidentiality of what he had been informed of.
Article 26
The final list of candidates shall be prepared by the Court, which shall be made public by publication in the Official Journal and in two daily newspapers, at least fifteen days prior to the scheduled day of balloting.
Article 27
If the conditions required for the nomination are not met by any of the candidates, or there is only one candidate, the court must inform the President of the People's Assembly within four days of the date on which the nomination applications are decided, and within seven days, in the event of a petition, to open the nomination door again according to the same. Terms and conditions.
Rule 28
The Court supervises the work of the Supreme Judicial Commission for election, subcommittees and electoral centre committees with regard to the election of the President of the Republic in accordance with the provisions of the General Elections Act.
Article 29
a. The Supreme Judicial Committee shall raise the results of the presidential election to the Court.
b. If the final results include any candidate obtaining an absolute majority of the votes of those who participated in the elections, the candidate is the winner of the post of President of the Republic and is announced by the President of the People's Assembly.
c. If the results include the fact that no candidate has obtained an absolute majority of votes from the election, the President of the Tribunal shall announce the re-election in two weeks between the two candidates who obtained the largest number of votes cast.
d. The candidate who receives the largest number of votes in the election of return is the winner of the post of President of the Republic and the results are announced by the President of the People's Assembly.
Article 30
Each candidate for the presidential election shall submit a final account on the income and expenses of his election campaign to the Tribunal no later than thirty days from the date of the announcement of the final results of the election.


Section V

Procedures for the validity of the election of the President

Article 31
The Court shall decide on appeals for the validity of the election of the President of the Republic as follows:
a. The appeal shall be submitted by the candidate who has not won the Tribunal within three days of the date of the announcement of the election results, and shall restrict the appeal in a special register.
b. The appeal must be made by a lawyer.
c. Documents and evidence proving the seriousness of the claim must be attached to the appeal.
d. The Tribunal has the right to contact the electoral process stakeholders to obtain the necessary statements, papers or records relating to the elections.
e. The Tribunal shall issue its judgement within seven days of the expiry of the term of submission of the appeals and its decision shall be concluded.
Article 32
If the Court proves the validity of the appeal which would affect the outcome of the final elections, it has decided to invalidate the ballot in the contested centres, and the ballot shall be returned to those centres, and the re-elections shall be restricted to those who have already been elected to it.

Section VI

Actions related to the health of the People's Assembly

Article 33
The Court shall decide on the special appeals of the members of the People's Assembly as follows:
(a) The appeal is filed by the candidate who has not won the Tribunal within three days of the date of the announcement of the election results, and limits the appeal in a special register.
b. The appeal must be made by a lawyer.
c. The appeal against members shall be made against the winners of the category to which the appellant belongs, and the same constituency for which it has been nominated.
d. Documents and evidence proving the seriousness of the claim must be accompanied by an appeal.
e. The Tribunal has the right to contact the electoral process stakeholders to obtain the necessary statements, papers or records relating to the elections.
The judgement of the Tribunal shall be issued within seven days of the expiry date of the appeal and its decision shall be concluded.
Article 34
If the Court is to prove the validity of the appeal which would affect the outcome of the final election, it decided to invalidate the impugned membership against him.

Section VII

Procedures for the trial of the President


Article 35.
The court is competent to try the President of the Republic if he is charged with high treason.
Article 36
The President of the Republic shall be indicted by the People's Assembly with a majority of two-thirds of its members, and shall be sent by the President of the People's Assembly to the President of the Republic and the Court the following day for promulgation.
Article 37
a. The Court shall rule on the validity of the application for thirty days following the date of the indictment.
b. If the President is found guilty, the President issued its judgment unanimously or the majority with the penalty of impeachment from office.

Section VIII

Action on submissions
From the Courts in the Fair of Judgements to Inconstitutionality of a Legal Text

Article 38.
a. The Court shall decide on the submissions referred to it by the courts in the appeal of the provisions by unconstitutionality of a legal text, legislative decree or regulation within thirty days of the date it has been registered in a special register.
b. If the Court decides that the impugned text is unconstitutional from the date of its decision, the present decision shall be communicated to all public authorities in the State and published in the Official Journal.
Article 39
The payment to the Tribunal shall require:
a) To be serious
b. Separates in conflict
Rule 40
The referral decision must contain the impugned legal text, the constitutional text of the alleged offender and the infraction.


Section IX

Interpretation of Constitution texts at the request of the President of the Republic
or from the President of the People's Assembly or the Prime Minister


Article 41
The President of the Republic, the President of the People's Assembly or the President of the Council of Ministers may request the Court to interpret any text of the Constitution by a request addressed to the Court and restricted in a special register.
Article 42
The Court shall express its interpretation within fifteen days of the date of receipt of the request for interpretation, and within seven days as a matter of urgency.

Section X

Consideration of the President's loss of one of the conditions for nomination and determination

Rule 43
The decision to propose losing the President of the Republic to one of the conditions of nomination by the People's Assembly shall be issued by a two-thirds majority of its members if the President of the Republic acquires any nationality other than the nationality of the Syrian Arab Republic or if he marries non-Syrian, and is sent by the President of the People's Assembly to the President and the Court The day after his release.
Rule 44
a. The Court shall rule on the validity of the motion within the following five days to inform the decision of the Board.
b. If the Court determines the validity of the motion, its judgement shall be issued unanimously or by the majority in the vacancy.

Section XI

Consideration of the loss of a member of the People's Assembly to one of the conditions for nomination and determination

Article 45
The decision to propose the loss of a member of the People's Assembly to one of the conditions of nomination shall be issued by the People's Assembly in accordance with its rules of procedure and is sent by the President of the People's Assembly to the Court the following day.
Article 46
a. The Court shall rule on the validity of the motion within the following five days to inform the decision of the Board.
b. If the Court is to prove the validity of the motion, its judgement shall be issued unanimously or the majority shall be vacant.


Chapter V

Sentences

Article 47
Court rulings on behalf of the people in Syria
Article 48
The judgments of the Court are concluded and are not subject to appeal.
Article 49
a. The provisions of the Court and decisions are binding on all State authorities.
b. The provisions and decisions referred to in the preceding paragraph shall be published in the Official Gazette at no charge within fifteen days at most of the date of their issuance.
c. The consequence of the ruling is that a law, a legislative decree or a regulation may not be applicable from the day after it is published.
(d) If the provision of inconstitutionality is related to the text of a penal provision, the sentences handed down on the basis of that conviction shall be prepared on the basis of that text as if they were not, and the President of the Court shall inform the Attorney General of the sentence immediately upon his pronunciation for the conduct of the sentence.

Chapter VI

Rights and duties of members and immunities

Article 50
A member of the Court is not subject to conviction except in the circumstances provided for in this Act.
Article 51
a. The member of the Court shall submit his resignation from office to the President of the Republic for a decision.
b. If you refuse to resign, the member of the Tribunal shall continue to be in office.
c. Upon acceptance of the resignation, the rights of the outgoing member of the Tribunal are granted in accordance with the rules of procedure of the Tribunal.
Rule 52
The General Authority of the Court shall dismiss the member of the Court by a reasoned decision in the following circumstances:
a. If he or she loses the conditions required by his or her position.
b. If a member is attributed to a court order that would prejudice the trust, consideration or serious breach of the duties or requirements of his or her functions.
Rule 53
a. The plenary meets to consider the accountability of one of its members.
b. If the organ, after inviting the member to hear his or her statement, decides that there is a reason to proceed with his impeachment proceedings, one of its members is assigned to the investigation, and the member is referred to the investigation on an inevitable leave with full pay from the date of its decision.
c. The investigation after the completion of the investigation shall be submitted to the plenary in the form of a disciplinary tribunal except from the participation of its members in the investigation to be issued -- after hearing the member's defence -- judgement of acquittal or removal of the member, and the judgement shall be concluded and not subject to appeal.
d. The decision of the court to dismiss the member shall be communicated to the President.
Rule 54
The President of the Republic is called by decree as President or Member instead of the President or the member or the member who has resigned or deceased for a term not exceeding the rest of his predecessor.
Rule 55
In his criminal prosecution, the member of the court is subject to the assets and competencies followed in the trial of judges in accordance with the law of the judiciary, and in the event that a member commits an established offence, the President of the Court is immediately aware of the matter and if it is the President to inform the public body accordingly.
Article 56
A member of the court is prohibited from prohibiting judges.
Article 57
a. The President of the Court shall treat the Minister's treatment of remuneration, compensation, pension and other benefits.
b. The fixed monthly salary of the member of the Supreme Constitutional Court shall be determined by an amount of eighty thousand Syrian pounds, and a representation of 10,000 Syrian pounds.
c. The members of the Tribunal shall benefit from all compensation awarded by judges, including judicial adhesion.
Article 58
The public body of the Tribunal shall separate the application submitted by a reply, removal or risk of the President and members of the Court other than the member, taking into account the fact that the number of members present is so that the newest members are excluded, and that no response or risk shall be accepted by all members of the Court or some of them to be less than the number of others About five.
Article 59
The leave and judicial holidays of the Tribunal are determined in the rules of procedure of the Tribunal.
Article 60
The court member returns from the judges to his ex post after his term in court only if he completes the retirement age specified in the Judiciary Law or the Law of the State Council.
Rule 61
a. If a member of the court is named by the judges covered by the law of the judiciary or the law of the State Council, his or her membership in the court is an actual service that enters the account of promotion, promotion or retirement.
b. If the member of the court is named by the lawyers who are registered in the registry, he refrained from practising law during his term of office while his name remains restricted in his union record, and his term of office in the court is the duration of the exercise of his services for his pension rights in his union, provided that he or she does not have his or her pension rights. Payment of fees due in accordance with the law on the practice of legal profession and the regulations attached to it.
c. If the member of the court is named as a faculty member of the Faculty of Law, he continues to be a faculty member, partially part-time in his college during his term in court, during which the compensation received by his or her peers is paid in part.

Chapter VII

Administrative and financial matters

Article 62
The President of the Tribunal supervises and represents her work in relations with others.
Rule 63
The President of the Court is committed to maintenance, order of exchange and liquidation, and may authorize one of its members to do so.
Article 64
The President of the Court exercises the competence of the competent minister.
Article 65
a. Staff may be transferred and assigned from the owners of the Ministry of Justice to the Court and vice versa with the approval of the Minister of Justice and the President of the Court in accordance with the laws in force
b. The provisions of the Law on the Judiciary or the Statute of the State are applied to the workers of the Court with regard to accountability and disciplinary accountability.
Rule 66
a. The Court shall have an annual budget and a final account that enters the general budget of the State at its expense and is an independent accounting unit.
b. The draft budget of the Tribunal shall be prepared and approved by the plenary.
c. The President of the Court exercises powers vested in the Minister of Finance in the laws and regulations on the implementation of the Court's budget.
d. The balance of the Court and the Closing Account as not provided for in this Law shall apply to the provisions of the Basic Financial Law of the State.

Chapter VIII

General provisions

Article 67
The Supreme Constitutional Court does not have the right to consider the constitutionality of the laws put forward by the President of the Republic for the popular referendum and the approval of the people.
Rule 68
The General Board of the Tribunal shall issue the regulations on its flag.
Article 69
The staffing of the Supreme Constitutional Court is issued by decree, and the current owners of the Court are part of it.
Article 70
Legislative Decree No. 35 repealed It was issued on 13 January 2012.
Rule 71
This law is published in the Official Journal.

Damascus on 16/6/1435 A.H., 16/4/2014

President

Bashar al-Assad

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