More Than Just Ensuring Regularity of Elections

Law No. 96-6 of 18 January 1996 to amend the Constitution of 2 June, 1972 spells out the various missions of the Constitutional Council.

The Constitutional Council shortly after being effectively put in place, ruled on petitions and proclaimed the results of the senatorial election that took place on March 25, 2018. This is in conformity with the provisions of the Constitution in Section 48 (1) that, « The Constitutional Council shall ensure the regularity of presidential elections, parliamentary elections and referendum operations.

It shall proclaim the results thereof. (2) Any challenges in respect of the regularity of one of the elections provided for in the preceding paragraph may be brought before the Constitutional Council by any candidate, political party that participated in the election in the constituency concerned or any person acting as Government agent at the election. »

Other Missions of the Council: Section 46 of the Constitution states that, «The Constitutional Council shall have jurisdiction in matters pertaining to the Constitution. It shall rule on the constitutionality of laws. It shall be the organ regulating the functioning of the institutions.

In this case, Section 47 (1) of the Constitution specifies that, «The Constitutional Council shall give a final ruling on: - the constitutionality of laws, treaties and international agreements; - the constitutionality of the standing orders of the National Assembly and the Senate prior to their implementation; - conflict of powers between State institutions; between the State and the Regions, and between the Regions.

The rulings come in respect of Paragraph 2 of Section 46 of the Constitution which spells out that, « Matters may be referred to the Constitutional Council by t...