The Constitutional Court (French: Cour Constitutionnelle) was established by the Constitution of the Third Republic on 18 February 2006 as the highest constitutional authority in the Democratic Republic of the Congo. However, it did not start functioning until 2015. Its role is to ensure the constitutionality of laws and statutes created by government officials and organizations.
Constitutional Court | |
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Cour Constitutionnelle | |
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4°18′41″S 15°16′51″E / 4.31139°S 15.28083°E | |
Established | 18 February 2006 (Constitution) 4 April 2015 (effective) |
Jurisdiction | |
Location | Nouveau Palais de Justice - Avenue des bâtonniers, Gombe, Kinshasa |
Coordinates | 4°18′41″S 15°16′51″E / 4.31139°S 15.28083°E |
Authorised by | Constitution of the Third Republic |
Website | cour-constitutionnelle |
President | |
Currently | Dieudonné Kamuleta Badibanga |
Since | 21 June 2022 |
Composition
The Court consists of nine members appointed by the President of the Republic, including three appointed by his own initiative, three chosen by the Parliament, and three designated by the High Council of the Judiciary. Two-thirds of the members must by lawyers from the ranks of judges or prosecutors, from the Bar, or from university education. The other basic requirements are being Congolese and having 15 years of experience in legal work.
The non-renewable term for members is nine years. A third of the membership is renewed every three years, with members of the group chosen by drawing lots. The President of the Constitutional Court is elected by the other members for a three-year term, renewable once. He is invested by ordinance of the President of the Republic.
Powers
The Court reviews laws and statutes proposed by the President, the Prime Minister, the Senate, the National Assembly, or other government organizations prior to their application, to rule on their conformity with the Constitution. Additionally, the Court examines applications for interpretations of the Constitution at the request of government officials. It settles disputes regarding presidential or parliamentary elections, as well as referendums. Appeals regarding the constitutionality of laws or regulations are also settled by the Court. Judgements of the Constitutional Court cannot be appealed and are enforced immediately.
The Constitutional Court can also be the criminal court for the President or Prime Minister for high treason, failings in matters of honor or integrity, contempt of parliament, or common law offenses, at the request of a two-thirds majority of Parliament.
See also
- Court of Cassation (Democratic Republic of the Congo)
- Judiciary
- Jurisprudence
- Rule of law
- Rule According to Higher Law
References
- "RDC : la Cour constitutionnelle célèbre ses dix ans depuis son installation". Radio Okapi (in French). 6 April 2025. Retrieved 27 April 2025.
- Constitution of the Democratic Republic of the Congo Archived 2019-07-16 at the Wayback Machine. Section 5, Articles 157–169.
External links
- Official website
Author: www.NiNa.Az
Publication date:
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The Constitutional Court French Cour Constitutionnelle was established by the Constitution of the Third Republic on 18 February 2006 as the highest constitutional authority in the Democratic Republic of the Congo However it did not start functioning until 2015 Its role is to ensure the constitutionality of laws and statutes created by government officials and organizations Constitutional CourtCour Constitutionnelle4 18 41 S 15 16 51 E 4 31139 S 15 28083 E 4 31139 15 28083Established18 February 2006 Constitution 4 April 2015 effective Jurisdiction Democratic Republic of the CongoLocationNouveau Palais de Justice Avenue des batonniers Gombe KinshasaCoordinates4 18 41 S 15 16 51 E 4 31139 S 15 28083 E 4 31139 15 28083Authorised byConstitution of the Third RepublicWebsitecour constitutionnelle wbr cdPresidentCurrentlyDieudonne Kamuleta BadibangaSince21 June 2022CompositionThe Court consists of nine members appointed by the President of the Republic including three appointed by his own initiative three chosen by the Parliament and three designated by the High Council of the Judiciary Two thirds of the members must by lawyers from the ranks of judges or prosecutors from the Bar or from university education The other basic requirements are being Congolese and having 15 years of experience in legal work The non renewable term for members is nine years A third of the membership is renewed every three years with members of the group chosen by drawing lots The President of the Constitutional Court is elected by the other members for a three year term renewable once He is invested by ordinance of the President of the Republic PowersThe Court reviews laws and statutes proposed by the President the Prime Minister the Senate the National Assembly or other government organizations prior to their application to rule on their conformity with the Constitution Additionally the Court examines applications for interpretations of the Constitution at the request of government officials It settles disputes regarding presidential or parliamentary elections as well as referendums Appeals regarding the constitutionality of laws or regulations are also settled by the Court Judgements of the Constitutional Court cannot be appealed and are enforced immediately The Constitutional Court can also be the criminal court for the President or Prime Minister for high treason failings in matters of honor or integrity contempt of parliament or common law offenses at the request of a two thirds majority of Parliament See alsoCourt of Cassation Democratic Republic of the Congo Judiciary Jurisprudence Rule of law Rule According to Higher LawReferences RDC la Cour constitutionnelle celebre ses dix ans depuis son installation Radio Okapi in French 6 April 2025 Retrieved 27 April 2025 Constitution of the Democratic Republic of the Congo Archived 2019 07 16 at the Wayback Machine Section 5 Articles 157 169 External linksOfficial website This Democratic Republic of the Congo related article is a stub You can help Wikipedia by expanding it vte