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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)
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