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• Legislative oversight of the executive
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Article 204
The National Assembly and the Senate have the right to constitute parliamentary
commissions given the charge of inquiring on specific subjects of the governmental
action.
TITLE VIII: OF THE JUDICIAL POWER
• Eligibility for ordinary court judges
Article 205
Justice is rendered by the courts and tribunals in all the territory of the Republic in
the name of the Burundian People.
The role and the attributions of the Public Ministry are fulfilled by the Prosecuting
Magistrates. However, the judges of the [Ordinary] Tribunals of Residence and the
officers of the police may fulfill vis-a-vis these tribunals the duties of the Public
Ministry under the surveillance of the Prosecutor of the Republic.
An organic law establishes the organization and the judicial competences.
• Right to public trial
Article 206
The hearings of the jurisdictions are public, except in case of closed session
pronounced by judicial decision, when the publicity is dangerous to the public order
or to morality.
• Constitutional court opinions
• Supreme court opinions
Article 207
Any judicial decision must be substantiated before being pronounced in [a] public
hearing.
Article 208
The judicial power is structured to reflect in its composition the whole of the
population.
The procedures of recruitment and appointment in the judicial corps submit
imperatively to the concern to promote regional [and] ethnic equilibrium and the
equilibrium between genders.
• Judicial independence
Article 209
The judicial power is impartial and independent of the legislative power and of the
executive power.
In the exercise of his functions, the judge is subject only to the Constitution and to
the law.
The President of the Republic, Head of the State, is the guarantor of the
independence of the Magistrature. He is assisted in this mission by the Superior
Council of the Magistrature.
Burundi 2005
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