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• Constitutional court powers
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Article 77
The Constitutional Council sees to the regularity of all the elections and of the
operations of referendum and proclaims the results of them. It examines the
complaints and decides on them.
The Constitutional Council is referred to the matter in case of dispute concerning
the validity of an election by any candidate or any political party.
• Constitutionality of legislation
Article 78
The organic laws, before their promulgation, and the internal regulations of the
National Assembly, before their implementation, must be submitted to the
Constitutional Council which decides on their conformity with the Constitution.
• Constitutional court powers
Article 79
To the same end, the laws may be deferred to the Constitutional Council before their
promulgation by the President of the Republic, the President of the National
Assembly or ten Deputies.
The referral to the matter of the Constitutional Council by the President of the
Republic must intervene within the six days following the transmission that is made
to him of the law definitively adopted; the referral to the matter by the President of
the National Assembly or the Deputies must intervene within the time of six days
from the definitive adoption of the law.
In the cases provided for by the two preceding paragraphs, the Constitutional
Council must decide within a time of one month. However, at the demand of the
President of the Republic, if there is urgency, this period is reduced to eight days.
In these same cases, the referral to the matter of the Constitutional Council
suspends the time of promulgation.
• Constitutionality of legislation
• Constitutional court powers
• Constitutionality of legislation
A provision declared unconstitutional may not be promulgated or implemented.
Article 80
The provisions of law which concern the fundamental rights recognized to any
person by the Constitution may be submitted to the Constitutional Council by way of
pleadings if it involves an instance in course before a jurisdiction.
The pleadings of unconstitutionality may be raised by any plaintiff before any
jurisdiction.
The jurisdiction referred to the matter must then suspend its decision and transmit
the matter to the Supreme Court. The Supreme Court has a time of one month to
reject the exception if it is not founded on a serious issue or, in the contrary case,
refers the matter to the Constitutional Council, which decides in the time of one
month.
A provision judged unconstitutional on the basis of this article ceases to be
applicable and will no longer be applied in procedures.
Article 81
The decisions of the Constitutional Council establish authority concerning the
matter judged. They are not susceptible to any recourse.
Djibouti 1992 (rev. 2010)
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