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The judges are only subject, in the exercise of their functions, to the authority of the
law.
An organic law determines the status of the magistrates.
• Administrative court term length
• Ordinary court term length
The presiding magistrates may not be removed. They can only be transferred
following a new appointment, or at their own demand or through a substantiated
rotation decided by the Superior Council of the Magistrature.
Article 151
The executive power may neither give orders to a judge in the exercise of his
jurisdiction, nor decide on disputes, nor obstruct the course of justice, nor oppose
the execution of a decision of justice.
The legislative power may not decide on jurisdictional disputes, or modify a decision
of justice, nor oppose its execution.
Any law of which the subject is manifestly to provide a solution to a juridical process
in [its] course is void and of no effect.
• Establishment of judicial council
Article 152
The Superior Council of the Magistrature is the organ of management of the judicial
power.
• Attorney general
The Superior Council of the Magistrature is composed of the:
1. President of the Constitutional Court;
2. Attorney [Procureur] General before the Constitutional Court;
3. First President of the Court of Cassation;
4. Attorney General before the Court of Cassation;
5. First President of the Council of State;
6. Attorney General before the Council of State;
7. First President of the High Military Court;
8. Auditor General before the High Military Court;
9. First Presidents of the Courts of Appeal;
10. Attorneys General before the Courts of Appeal;
11. First Presidents of the Administrative Courts of Appeal;
12. Attorneys General before the Administrative Courts of Appeal;
13. First Presidents of Military Courts;
Congo (Democratic Republic of the) 2005 (rev. 2011)
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