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constituteproject.org PDF generated: 04 Jan 2016, 20:27 They are imposed on the public powers, on all the administrative and jurisdictional authorities as well as on all physical or moral persons. Article 82 An organic law determines the rules of organization and of functioning of the Constitutional Council as well as the procedure to be followed before it. This organic law equally establishes the modalities of application of Article 80. TITLE IX: OF THE HIGH COURT OF JUSTICE Article 83 A High Court of Justice is instituted. • Supreme court selection It is composed of members designated by the National Assembly at each general renewal. It elects its President from among its members. An organic law establishes its composition, the rules of its functioning as well as the procedure applicable before it. Article 84 • Supreme court powers The High Court of Justice is competent to judge the President of the Republic and the Ministers accused before it by the National Assembly. • Head of government immunity • Head of state immunity The President of the Republic is not responsible for the acts accomplished in the exercise of his functions except in the case of high treason. The members of the Government are criminally responsible for the acts accomplished in the exercise of their functions and qualified as crimes or misdemeanors at the moment they were committed. • Supermajority required for legislation The accusation is voted by public ballot with the majority of two-thirds of the Deputies composing the National Assembly. • Protection from ex post facto laws • Principle of no punishment without law The High Court of Justice is bound by the definition of crimes and misdemeanors, as well as by the determination of the resultant penalties, specified in the criminal laws in force at the time of the acts cited in the proceedings. TITLE X: OF THE TERRITORIAL COLLECTIVITIES Article 85 The territorial collectivities are moral persons of public law which enjoy administrative and financial autonomy. The territorial collectivities are the regions, the communes and the other territorial collectivities of specific status. Djibouti 1992 (rev. 2010) Page 19

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