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Article 80
• Eligibility for const court judges
The Constitutional Court of the Transition is composed of nine (9) members of which
at least four (4) are women, who will hold the title of Constitutional Judges.
• Constitutional court term length
Constitutional Judges are appointed for the full length of the Transition. They are
irrevocable and immutable. In the event of the death, voluntary resignation or
permanent impeachment of a Constitutional Judge, their replacement will be
provided for following the appointment procedure to this effect. The new
Constitutional Judge will finish their predecessor’s mandate.
• Eligibility for const court judges
Constitutional Judges are appointed from among people with integrity and having at
least ten (10) years of professional experience as follows:
• Two (2) magistrates of which one is a woman, elected by their peers.
• Two (2) lawyers of which one is a woman, elected by their peers.
• Two (2) research professors in Law of which one is a woman, elected by
their peers.
• One (1) member appointed by the Head of State of the Transition.
• One (1) member appointed by the President of the National Council of the
Transition.
• One (1) member appointed by the Prime Minister.
• Constitutional court selection
Their appointment is approved by decree of the Head of State of the Transition, and
countersigned by the Prime Minister.
Article 81
Constitutional Judges take an oath before taking up their functions before the
National Council of the Transition during plenary.
They elect within their number a President from the members that are jurists and a
Vice-President.
They can be neither prosecuted nor arrested without the authorisation of the
Constitutional Court of the Transition.
Article 82
The role of Constitutional Judge is incompatible with the practice of any political or
administrative role or any role within a political party, any lucrative activity, any
position of professional representation or any salaried employment, except teaching
and the practice of medicine.
Article 83
Drafts and proposals of Constitutional law will be referred to an opinion by the
Constitutional Court of the Transition by the Government of the Transition or the
President of the National Council of the Transition before being put to a referendum.
Article 84
Decisions by the Constitutional Court of the Transition cannot be appealed. They
apply to all public authorities, all administrative and jurisdictional authorities and to
all physical or moral persons.
• Constitutionality of legislation
Any text declared unconstitutional is null and void. It can be neither promulgated nor
applied. If it is in force, it will be removed from the internal legal order.
Central African Republic 2013
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