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The law establishes the seat, the jurisdiction, the competence and the composition of
courts and of the tribunals.
• Judicial independence
Article 129
The judicial power is independent.
• Supreme court term length
• Ordinary court term length
Article 130
The presiding magistrates are only submitted[,] in the exercise of their functions[,] to
the authority of the law. They are not removable.
• Establishment of judicial council
Article 131
The President of Faso is the guarantor of the independence of the judicial power.
He is assisted by the Superior Council of the Magistrature.
• Establishment of judicial council
Article 132
The President of Faso is the President of the Superior Council of the Magistrature.
The Guardian of the Scales, the Minister of Justice, is the first vice president and the
first President of the Court of Cassation is the second vice president.
• Establishment of judicial council
Article 133
The Superior Council of the Magistrature gives its opinion on any question
concerning the independence of the magistrature and on the exercise of the right of
pardon.
An organic law establishes the organization, the composition, the attributions and
the functioning of the Superior Council of the Magistrature.
• Supreme court selection
• Establishment of judicial council
• Structure of the courts
• Ordinary court selection
Article 134
The Superior Council of the Magistrature makes proposals on the appointments and
the assignments of the presiding magistrates of the Court of Cassation, of the
Council of State[,] and of the Court of Accounts and on those of the first presidents
of the courts of appeal.
It gives its opinion on the proposals of the Minister of Justice, concerning the
appointments of other presiding magistrates.
The prosecuting magistrates are appointed and assigned on proposal of the Minister
of Justice.
Article 135
An organic law establishes the status of the magistrature with respect for the
principles contained in this Constitution.
It provides for and organizes the guarantees and the independence of the
magistrature.
Burkina Faso 1991 (rev. 2012)
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