V. The Judicial Authority

Part One: The Judiciary: The Justice System, Administrative and Financial Judiciary

 

Article 106

Judges shall be nominated by presidential decree based on a concurrent proposal by the Supreme Judicial Council.

Senior judges shall be nominated by presidential decree and in consultation with the Head of Government, based on an exclusive recommendation by the Supreme Judicial Council. Senior judicial posts shall be regulated by law.

 

Article 107

Judges may not be transferred without their consent. They cannot be dismissed or suspended from their functions, nor be subject to disciplinary sanction, except in the cases and the guarantees regulated by the law and in accordance with a reasoned decision by the Supreme Judicial Council.

 

Article 108

Every individual is entitled to a fair trial within a reasonable period. Litigants are equal before the law.

The right to litigation and the right to defence are guaranteed. The law facilitates access to justice and provides legal assistance to those without financial means. The law guarantees the right to a second hearing.

Court sessions shall be public unless the law provides for a closed hearing. Judgment must be pronounced in a public session.

 

Article 109

All kinds of interference in the functioning of the judicial system are prohibited.

 

Article 110

The different categories of courts are established by law. No special courts may be established, nor any special procedures that may prejudice the principles of fair trial.

Military courts are competent to deal with military crimes. The law shall regulate the mandate, composition, organization, and procedures of military courts, and the statute of military judges.

 

Article 111

Judgments are passed in the name of the people and executed in the name of the President of the Republic. Failing to execute or impeding the execution of a sentence without legal grounds is prohibited.

 

Section One: The Supreme Judicial Council

 

Article 112

The Supreme Judicial Council is composed of four bodies, which are the Judiciary Council, the Administrative Judicial Council, the Financial Judicial Council, and the General Assembly of the three judicial councils.

Two-thirds of each of these structures is composed of judges, the majority of whom are elected, in addition to judges appointed on merit, while the remaining third shall be composed of independent, specialized persons who are not judges. The majority of the members of these bodies shall be elected. Elected members exercise their functions for a single six-year term.

The Supreme Judicial Council shall elect its president from amongst its most senior judges.

The law establishes the mandate of each of the four bodies, and their composition, organization, and procedures.

 

Article 113

The Supreme Judicial Council enjoys administrative and financial independence and shall be self-managing. It prepares its own draft budget which it discusses before the competent committee of the Assembly of the Representatives of the People.

 

Article 114

The Supreme Judicial Council ensures the sound functioning of the justice system and respect for its independence. The General Assembly of the three judicial councils proposes reforms and gives its opinions on draft laws related to the judicial system. Such laws must be reviewed by the General Assembly. Each of the three councils is responsible for making decisions on the professional careers of judges and on disciplinary measures taken against them.

The Supreme Judicial Council shall prepare an annual report and submit it, in the month of July at the latest, to the President of the Republic, the Speaker of the Assembly of the Representatives of the People, and the Head of Government. The report shall be published.

The Assembly of the Representatives of the People shall discuss the annual report at the beginning of the judicial year in a plenary session, in dialogue with the Supreme Judicial Council.

 

Section Two: The Judicial System

 

Article 115

The judiciary is composed of the Court of Cassation, appellate courts and courts of first instance.

The public prosecution service is part of the judicial justice system, and benefits from the same constitutional protections. The judges of the public prosecution service exercise their functions as determined by the law and within the framework of the penal policy of the State in conformity with the procedures established by the law.

The Court of Cassation prepares an annual report which it submits to the President of the Republic, the Speaker of the Assembly of the Representatives of the People, the Head of Government and the President of the Supreme Judicial Council. The report is published.

The law establishes the organization of the judicial system, its mandates, its procedures, as well as the statute of its judges.

 

Section Three: Administrative Judiciary

 

Article 116

The administrative judiciary is composed of the Supreme Administrative Court, administrative courts of appeal, and administrative courts of first instance.

The administrative judiciary has jurisdiction over any abuse of power by the administration as well as all administrative disputes. The administrative judiciary shall exercise consultative functions, in accordance with the law.

The Supreme Administrative Court shall prepare a general annual report which it submits to the President of the Republic, the Speaker of the Assembly of the Representatives of the People, the Head of Government, and the President of the Supreme Judicial Council. This report is published.

The law regulates the organization of the administrative judiciary, its mandate, procedures, as well as the statute of its judges.

 

Section Four: Financial Judiciary

 

Article 117

The Financial Judiciary is composed of the Court of Audit with its different bodies.

The Court of Audit oversees the sound management of public funds in accordance with the principles of legality, efficiency and transparency. The Financial Judiciary rules on the accounts of public auditors. It assesses accounting methods and sanctions errors and failings that it discovers. The Financial Judiciary assists the legislative and executive powers in overseeing the execution of the Finance Law and the closure of the budget.

The Court of Audit prepares a general annual report and submits it to the President of the Republic, the Speaker of the Assembly of the Representatives of the People, the Head of Government, and the President of the Supreme Judicial Council. The report is published. The Court of Audit shall, when necessary, prepare special reports that it may decide to publish.

The organization, mandate and procedures of the Court of Audit, as well as the statute of its judges, are regulated by law.