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of the Senate or a tenth of the Deputies or of the Senators.
The Constitutional Court decides within the time period of thirty days. However, at
the demand of the Government, if there is urgency, this delay is reduced to eight
days.
• Constitutional court powers
Article 161
The Constitutional Court takes cognizance of the recourses for interpretation of the
Constitution on being referred to [the matter] by the President of the Republic, by
the Government, by the President of the Senate, by the President of the National
Assembly, by one-tenth of the members of each of the parliamentary Chambers, by
the provincial Governors and by the Presidents of the Provincial Assemblies.
It resolves disputes concerning the presidential and legislative elections as well
[concerning the] referendum.
It takes cognizance of the conflicts of competence between the Executive Power and
the Legislative Power as well as between the State and the Provinces.
It takes cognizance of the recourses against the orders rendered by the Court of
Cassation and the Council of State, only insofar as it decides on the attribution of the
litigation to the jurisdiction of the judicial order or [to the] administrative [order].
This recourse is only receivable if a denial of jurisdiction has been raised by or before
the Court of Cassation or the Council of State.
The modalities and the effects of the recourses referred to in the preceding
paragraphs are determined by the law.
• Constitutionality of legislation
Article 162
The Constitutional Court is the judge of the exceptions of unconstitutionality raised
before or by a jurisdiction.
Any person may refer the Constitution Court to [a matter concerning] the
unconstitutionality of any legislative or regulatory act.
In addition, he may refer the Constitutional Court to [a matter], by the procedure of
the exception of unconstitutionality invoked in a matter concerning him before a
jurisdiction.
That [jurisdiction] stays [its] decision and refers the Constitutional Court to [it], all
[other] matters ceasing.
• Constitutional court powers
Article 163
The Constitutional Court is the criminal jurisdiction for the Head of the State and for
the Prime Minister in the cases and conditions provided by the Constitution.
• Head of government removal
• Head of state removal
Article 164
The Constitutional Court is the criminal judge for the President of the Republic and
the Prime Minister for the political infractions of high treason, of contempt of
Parliament, infringements of honor or of probity as well as crimes of privilege and for
the other infractions of common law committed in the exercise or on the occasion of
the exercise of their functions. It is equally competent to judge their co-authors and
accomplices.
Congo (Democratic Republic of the) 2005 (rev. 2011)
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