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SUB-TITLE III: OF THE ECONOMIC, SOCIAL AND
CULTURAL COUNCIL
• Budget bills
Article 105
The Economic, Social and Cultural Council, referred to the matter by the
Government, gives its opinion on the bills of law, of ordinance or of decree as well as
on the proposals of laws that are submitted to it.
It is competent to examine the bills and the proposals of law with an economic, social
and cultural character with the exclusion of the laws of finance.
It may undertake, on its own initiative, all studies or inquiries related to economic,
social and cultural questions. Its reports are transmitted to the President of the
Republic.
An organic law establishes the composition, the attributions and the functioning of
the Economic, Social and Cultural Council.
SUB-TITLE IV: OF THE JURISDICTIONAL MATTERS
CHAPTER I: Of the Fundamental Principles
• Structure of the courts
Article 106
In the Republic of Madagascar, justice is rendered, in accordance with the
Constitution and the law, in the name of the Malagasy People, by the Supreme Court,
the Courts of Appeal and the jurisdictions that are attached to them as well as to the
High Court of Justice.
• Establishment of judicial council
Article 107
• Judicial independence
The President of the Republic is guarantor of the independence of justice.
To this end, he is assisted by a Superior Council of the Magistrature of which he is the
President. The Minister in charge of Justice is Vice President of it.
The Superior Council of the Magistrature, organ of safeguarding, of administration
of career and of sanction of the Magistrates, is responsible for:
• seeing to, notably, the respect for the law and the provisions of the Statute
of the Magistrature;
• controlling the respect for the ethical rules by the Magistrates;
• presenting recommendations on the administration of Justice, notably in
that which concerns the measures of legislative or regulatory order relative
to the jurisdictions and to the Magistrates.
The members of the Government, the Parliament, the High Council for the Defense
of the Democracy and the State of Law, the Heads of Court as well as the
associations legally constituted may refer matters to the Superior Council of the
Magistrature.
An organic law establishes the rules relative to the organization, the functioning and
the attributions of the Council.
Madagascar 2010
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