- The competences, duties and operation of the Supreme Council of Justice shall be defined
by organic law.
Article 131: The legal profession of lawyers shall be free and independent, and shall be
organised by a law that defines its operation.
Part 4:
Supervision and Consultative Bodies
Chapter 1:
Article 132:
The Constitutional Council
The Constitutional Council is a national body charged with:
- Ascertaining the constitutionality of the laws and regulative directives;
- Ascertaining the constitutionality of international treaties and conventions;
- Ascertaining the legality of elections;
- Settling conflicts that may arise among the State bodies regarding the implementation of the
Statute of the Frente POLISARIO and the Constitution;
- Conducting studies on the Constitution.
Article 133:
The Constitutional Council shall comprise:
- The President of the Constitutional Council appointed by the President of the Republic;
- Two members appointed by the National Council;
- Two members appointed by the Supreme Council of Justice.
In accordance with the following conditions:
- To be of Sahrawi nationality.
- To be of no less than 35 years old.
- Without any criminal record.
- To have professional qualifications in law and five continuous years of work in the judicial
field or work as a lawyer.
- To have work experience of at least ten years in one of the national bodies.
Article 134: The mandate of the Constitutional Council shall comprise the interval period
between two Congresses.
Article 135: Members of the Constitutional Council shall enjoy immunity during the
execution of their duties and shall not be prosecuted and arrested except in the case of a
flagrant crime or infringement and shall not be brought to justice until the immunity has been
lifted by an explicit request from the Minister of Justice and the approval of the President of
the Constitutional Council. In the case of the President of the Constitutional Council, the
approval of the President of the Republic shall be required.
Article 136: The Constitutional Council shall be notified by the President of the Republic,
the President of the National Council and the Prime Minister.
Article 137: The decisions of the Constitutional Council shall be definitive and shall not be
subject to any appeal.
Article 138: The duties and mode of operation of the Constitutional Council shall be
defined by its rules of procedure.
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