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An organic law establishes the organization and functioning of the Constitutional
Court of the Transition.
Title VII: Of the Judicial Power
Article 85
• Judicial independence
Justice constitutes a power independent of the legislative and executive powers.
• Establishment of administrative courts
• Structure of the courts
Justice is carried out on the territory of the Central African Republic in the name of
the Central African people by the Court of Cassation, the Court of Accounts, the
Council of State and the Courts and Tribunals.
• Judicial independence
Article 86
Judges are independent. They are subject only to the authority of the law in the
performance of their duties. The presiding magistrates are irremovable.
• Advisory bodies to the head of state
• Establishment of judicial council
• Judicial independence
Article 87
The Head of State of the Transition guarantees the independence of the Judicial
Power. He is assisted in this endeavor by the Supreme Council of Magistrature, the
Consultative Commission of the Council of State and the Conference of Presidents
and of the Procurator General of the Court of Accounts.
Throughout the Transition, the Supreme Council of the Magistrature, the
Consultative Commission of the Council of State and the Conference of Presidents
and of the Procurator General of the Court of Accounts will be presided over by the
Head of State of the Transition.
The Supreme Council of the Magistrature, the Consultative Commission of the
Council of State and the Conference of Presidents and of the Procurator General of
the Court of Accounts, oversee the management of magistrates’ careers and the
independence of the Magistrature.
The organization and functioning of the Supreme Council of the Magistrature, of the
Consultative Commission of the Council of State and of the Conference of
Presidents and of the Procurator General of the Court of Accounts will be
established by organic laws.
• Supreme court selection
• Advisory bodies to the head of state
• Establishment of judicial council
• Ordinary court selection
Article 88
Magistrates are appointed respectively by the Supreme Council of the Magistrature,
the Consultative Commission of the Council of State and the Conference of
Presidents and of the Procurator General of the Court of Accounts.
Article 89
The judicial power, guardian of the freedoms and of property, must ensure respect
for the fundamental principles of the State, for the rights and freedoms enshrined in
the Constitutional Charter of the Transition.
Subject to the provisions of the present Constitutional Charter, the organization and
functioning of Justice complies with the legislative provisions and regulations in
force.
Central African Republic 2013
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