constituteproject.org
PDF generated: 23 May 2016, 16:14
4°. decides, in appeal, on the judgments rendered in financial matters by the
jurisdictions or the administrative organs of a jurisdictional character;
5°. assists the Parliament and the Government in the control of the execution
of the laws of finance.
Article 129
The Supreme Court addresses an annual report of its activities to the President of
the Republic, to the Prime Minister, to the Presidents of the two Assemblies and to
the Minister responsible for Justice and to the Superior Council of the Magistrature.
This report must be published in the Journal Officiel in the year that follows the
closure of the judicial year concerned.
• Attorney general
• Eligibility for supreme court judges
• Supreme court selection
Article 130
The First President, and the Procurator General of the Courts of Appeal are
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 grade of the Magistrates
respectively of the judicial, administrative and financial orders.
• Courts for judging public officials
• Head of state removal
• Head of state immunity
CHAPTER IV: Of the High Court of Justice
Article 131
The President of the Republic is only responsible for the acts accomplished and
connected with the exercise of his functions in the case of high treason, of grave
violation of, or of repeated violations of the Constitution, or of breach of his duties
manifestly incompatible with the exercise of his mandate.
He may only be impeached by the National Assembly in a public ballot and with a
majority of two-thirds of its members.
He is justiciable before the High Court of Justice. The impeachment may end in the
forfeiture of his mandate.
• Head of state replacement
Article 132
If the forfeiture of the President of the Republic is pronounced, the High
Constitutional Court declares the vacancy of the Presidency of the Republic; it will
then proceed to the election of a new President within the conditions of Article 47
above. The President declared in forfeiture is no longer eligible to any elective public
function.
• Cabinet removal
• Constitutional court removal
• Head of government removal
• Head of government immunity
• Immunity of legislators
• Removal of individual legislators
Madagascar 2010
Article 133
The Presidents of the Parliamentary Assemblies, the Prime Minister, the other
members of the Government and the President of the High Constitutional Court are
penally responsible, before the High Court of Justice, for the acts accomplished and
connected with the exercise of their functions, for acts qualified as crimes or
misdemeanors at the time when they were committed.
Page 35