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constituteproject.org PDF generated: 14 Apr 2014, 20:52 Title V Of the Treaties and International Agreements Article 78 The treaties of Peace, of union, the treaties of commerce, the treaties or agreements concerning the international organization, those which engage the finances of the State, those which modify the provisions of a legislative nature, those that concern the status of the persons, and the treaties concerning the frontiers of the State, may only be ratified by virtue of a law. They only take effect after being ratified or approved. No cession, no exchange, no addition of territory is valid without the consent of the people who pronounce themselves by way of referendum. In the case specified in the last paragraph of Article 2 of this Constitution, the majority required is four-fifths (4/5) of the suffrage expressed. Article 79 If the Constitutional Council, referred to [the matter] by the President of the Republic, or by the President of the National Assembly[,] or by the President of the Senate[,] or by one-third (1/3) of the Deputies or the Senators, declares that an international engagement includes a clause contrary to the Constitution, the authorization to ratify or to approve it can only intervene after revision of the Constitution. Article 80 The treaties or agreements regularly ratified or approved have, on their publication, an authority superior to that of the laws, subject, for each agreement or treaty, to their application by the other party. Title VI Of the Constitutional Council Article 81 The Constitutional Council is composed of nine (9) members, whose mandate lasts nine (9) years and is not renewable. The Constitutional Council is renewed by thirds (1/3) every three years. Four [4] of the members are appointed by the President of the Republic, three [3] by the President of the National Assembly, and two [2] by the President of the Senate. The members of the Constitutional Council must be at least thirty-five (35) years old. They cannot belong to the directive instances of the political parties. They enjoy parliamentary immunity. The President of the Constitutional Council is appointed by the President of the Republic from among the members that he appointed. He has the deciding vote in case of [a] tie [cas de partage]. Mauritania 1991 (rev. 2012) Page 16

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