constituteproject.org
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Title VI: Of the Constitutional Court of the
Transition
• Constitutional court powers
• Establishment of constitutional court
• Constitutional interpretation
• Constitutionality of legislation
Article 76
A Constitutional Court of the Transition will be established and will be in charge of:
• Deciding on the constitutionality of organic and ordinary laws, already
adopted or simply voted on, of regulations as well as the rules of procedure
of the National Council of the Transition;
• Hearing all electoral complaints;
• Overseeing the regularity of electoral consultations, examining and
declaring the results;
• Overseeing the regularity of referendum operations, examining and
declaring the results;
• Hearing the Head of State of the Transition’s oath and that of the elected
President of the Republic’s;
• Settling conflicts of competences within the executive branch, between the
legislative and the executive branch, and between the State and local
authorities;
• Finding the defects in the enactment of laws after the final vote and the
deficiencies in their enactment in order to allow their entry into force;
• Interpreting the Constitutional Charter of the Transition;
• Advising on Constitutional amendment drafts or proposals and on
referendum procedure.
Article 77
Any person who considers themselves aggrieved may refer the matter of the
constitutionality of laws to the Constitutional Court of the Transition, either directly,
or through the procedure of the pleadings of unconstitutionality invoked before a
Court in a matter that concerns them.
When a procedure of the pleadings of unconstitutionality is raised by the party
concerned before a Court, whichever that Court may be, it must suspend the
proceedings and refer the matter to the Constitutional Court of the Transition.
• Constitutionality of legislation
Article 78
The Head of State of the Transition, the Prime Minister, the President of the
National Council of the Transition, and one-fourth (1/4) of the members of the
National Council of the Transition may refer an opinion request to the Constitutional
Court.
Article 79
The Constitutional Court of the Transition must give a ruling within one month. In
case of emergency, this delay is brought to eight (8) days.
Abstention is forbidden. In the event of a tie, the President shall have the casting
vote.
Central African Republic 2013
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