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• Establishment of judicial council
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Article 216
The Superior Council of the Magistrature produces one time per year, a report on
the state of justice that he addresses to the Government, to the National Assembly
and to the Senate.
• Establishment of judicial council
Article 217
The Superior Council of the Magistrature is equilibrated on the ethnic [and] regional
plane and between genders. It includes:
• five members designated by the Government;
• three judges of the superior jurisdictions;
• two Magistrates from [relevant de] the Public Ministry;
• two judges of the [Ordinary] Tribunals of Residence;
• three members exercising a juridical profession in the private sector.
The members of the second, third and fourth category are elected by their peers.
Article 218
The members of the Superior Council of the Magistrature are appointed by the
President of the Republic after [the] approval of the Senate.
Article 219
The Superior Council of the Magistrature is presided over by the President of the
Republic assisted by the Minister having justice within his attributions.
Article 220
An organic law determines the organization and the functioning of the Superior
Council of the Magistrature as well as the modalities of designation of its members.
2. OF THE SUPREME COURT
• Structure of the courts
Article 221
The Supreme Court is the highest ordinary jurisdiction of the Republic.
It is guarantor of the good application of the law by the courts and tribunals.
• Supreme court selection
Article 222
The judges of the Supreme Court are appointed by the President of the Republic on
[a] proposal by the Minister having justice within his attributions, after [the] opinion
of the Superior Council of the Magistrature and with the approval of the Senate.
Article 223
An [office] of General Prosecutor of the Republic is instituted, before the Supreme
Court, of which the members are appointed in the same manner as the judges of the
Supreme Court.
Burundi 2005
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