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The organic laws before their promulgation, the internal regulations of the National
Assembly and of the Senate before their application, are submitted obligatory to the
control of constitutionality.
Article 229
The Constitutional Court is equally competent to decide on the cases specified in
Articles 115, 157, 160, 161, 188, 234 and 296 of this Constitution.
• Constitutionality of legislation
• Ombudsman
Article 230
The Constitutional Court is referred to [a matter] by the President of the Republic,
the President of the National Assembly, the President of the Senate, by one-quarter
of the members of the National Assembly or one-quarter of the members of the
Senate, or by the Ombudsman.
Every natural or legal person [personne physique ou morale] interested as well as
the Public Ministry may refer the Constitutional Court [to a matter] of the
constitutionality of the laws, either directly by way of an action or indirectly by the
procedure of exception of unconstitutionality invoked in a matter submitted to
another jurisdiction.
This one postpones its decision until the decision of the Constitutional Court which
must intervene within a period of thirty days.
• Constitutionality of legislation
Article 231
A provision declared unconstitutional may not be promulgated or implemented.
The decisions of the Constitutional Court are not susceptible to any recourse.
Article 232
An organic law determines the organization and the functioning of the
Constitutional Court as well as the procedure applicable before it.
4. OF THE HIGH COURT OF JUSTICE
Article 233
The High Court of Justice is composed of the Supreme Court and of the
Constitutional Court reunited. It is presided over by the President of the Supreme
Court; the Public Ministry is represented by the General Prosecutor of the Republic.
Article 234
The High Court of Justice is competent to judge the President of the Republic for
high treason, [and] the President of the National Assembly, the President of the
Senate and the Vice-Presidents of the Republic for crimes and misdemeanors
committed in the course of their mandate.
The instruction and the judgment take place before any other affaire.
The decisions of the High Court of Justice are not susceptible to any recourse,
except by pardon or revision.
Burundi 2005
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