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1. OF THE SUPERIOR COUNCIL OF THE MAGISTRATURE
• Establishment of judicial council
Article 210
The Superior Council of the Magistrature sees to the good administration of justice.
It is the guarantor of the independence of the presiding magistrates in the exercise
of their functions.
• Establishment of judicial council
Article 211
The Superior Council of the Magistrature is the highest disciplinary instance of the
Magistrature. It takes cognizance of the complaints of the persons or of the
Ombudsman concerning the professional conduct of the Magistrates as well as of
the recourses of the Magistrates against the disciplinary measures or of the claims
concerning their career.
Article 212
A Magistrate may only be dismissed for [a] professional fault or incompetence, and
only by [a] proposal of the Superior Council of the Magistrature.
Article 213
The Superior Council of the Magistrature assists the President of the Republic and
the Government in:
1. the elaboration of the policy on [the] matter of justice;
2. the following of the situation of the country in the judicial domain and in
that of human rights;
3. the elaboration of the strategies in [the] matter of the fight against
impunity.
Article 214
In their career, the Magistrates are appointed by Decree of the President of the
Republic on a proposal of the Minister having justice within their attributions, after
[the] opinion of the Superior Council of the Magistrature. Those of the [Ordinary]
Tribunals of Residence are appointed by ordinance of the Minister having justice
within his attributions following the same procedure.
• Establishment of judicial council
Article 215
All appointments to the judicial functions referred to in Article 188, [numeral] 9;
except to the Constitutional Court, are made by the President of the Republic on a
proposal by the Minister having justice within his attributions, after [the] opinion of
the Superior Council of the Magistrature and confirmation by the Senate.
Burundi 2005
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