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In the other matters falling into its competence, except in the case specified in
Article 119, it renders decisions.
The orders and decisions of the High Constitutional Court are substantiated; they
are not susceptible to any recourse. They impose themselves on all the public powers
as well as on the administrative and jurisdictional authorities.
CHAPTER III: Of the Supreme Court
• Structure of the courts
Article 121
The Supreme Court sees to the regular functioning of the jurisdictions of the judicial,
administrative and financial order.
It includes:
• the Court of Cassation;
• the Council of the State;
• the Court of Accounts.
• Attorney general
• Eligibility for supreme court judges
• Supreme court selection
Article 122
The First President and the Procurator General of the Supreme Court are the heads
of this high jurisdiction.
They are respectively appointed by decree taken in the Council of Ministers in
accordance with the proposals of the Superior Council of the Magistrature,
preferably from among the oldest within the highest degree of the Magistrates
respectively of the judicial, administrative and financial orders.
• Eligibility for supreme court judges
• Supreme court selection
Article 123
The First President of the Supreme Court is seconded by three Vice-Presidents,
assigned respectively to the presidency of the Court of Cassation, of the Council of
the State and of the Court of Accounts.
Each Vice-President is appointed in the Council of Ministers by decree of the
President of the Republic in accordance with the proposals of the Superior Council
of the Magistrature, preferably from among the oldest within the highest degree of
the Magistrates respectively of the judicial, administrative and financial orders.
Article 124
The Office of General Prosecution of the Supreme Court includes:
• an Office of General Prosecution of the Court of Cassation;
• a General Commissariat of the law for the Council of the State;
• a General Commissariat of the Public Treasury for the Court of Accounts.
The Office of General Prosecution of the Supreme Court is seconded by the three
heads of these Offices of General Prosecution.
The head of the Office of General Prosecution of the Court of Cassation, of the
General Commissariat of the law and of the General Commissariat of the Public
Treasury are appointed in the Council of Ministers in accordance with the proposals
of the Superior Council of the Magistrature, preferably from among the oldest
Magistrates within the highest degree respectively of the judicial, administrative and
financial orders.
Madagascar 2010
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