constituteproject.org
PDF generated: 18 Apr 2016, 15:22
Article 147
When the National Assembly adopts a motion of censure, the Government is
deemed to have resigned. In this case, the Prime Minister remits the resignation of
the Government to the President of the Republic within twenty-four hours.
When a motion of no confidence against a member of the Government is adopted,
that [member] is deemed to have resigned.
Article 148
In the case of persistent crisis between the Government and the National Assembly,
the President of the Republic can, after consultation of the Prime Minister and of the
Presidents of the National Assembly and of the Senate, pronounce the dissolution of
the National Assembly.
No dissolution may take place in the year which follows the elections, or during the
periods of the state of urgency or of siege or of war, or when the Republic is directed
by an interim President.
Following the dissolution of the National Assembly, the Independent National
Electoral Commission convokes the electors, with a view to the election, within a
time period of sixty days which follow the date of publication of the ordinance of
dissolution, of a new National Assembly.
Section 4: Of the Judicial Power
Paragraph 1: Of General Provisions
• Structure of the courts
Article 149
[Amended by Law No. 11/002 of 20 January 2011.]
• Judicial independence
The judicial power is independent of the Legislative Power and of the Executive
Power.
• Establishment of administrative courts
• Establishment of constitutional court
• Establishment of military courts
It is devolved to the Courts and Tribunals which are: the Constitutional Court, the
Court of Cassation, the Council of State, the High Military Court, as well as the civil
and military courts and tribunals.
Justice is rendered on the whole of the national territory in the name of the people.
The orders and the judgments as well as the ordinances of the Courts and Tribunals
are executed in the name of the President of the Republic.
Extraordinary tribunals or [tribunals] of exception may never be created under
whatever denomination that may be.
The law may create specialized jurisdictions.
The judicial power has a budget drafted by the Superior Council of the Magistrature
and transmitted to the Government to be included in the general budget of the State.
The President of the Court of Cassation is its director. He is assisted by the
Permanent Secretariat of the Superior Council of the Magistrature.
Article 150
The judicial power is the guarantor of the individual freedoms and of the
fundamental rights of the citizens.
Congo (Democratic Republic of the) 2005 (rev. 2011)
Page 40