Chapter I - Territorial Divisions and Decentralization

Chapter II - The Legislative Branch

Chapter III - The Executive Branch

Chapter V - The High Court of Justice

The Judicial Power shall be vested in the Supreme Court [Cour de Cassation], the Courts of Appeal, Courts of First Instance, Courts of Peace and special courts, whose number, composition, organization, operation and jurisdiction are set by law.

Civil rights cases are exclusively the competence of the courts.

No court and no jurisdiction in disputed matters may be established except by law. No special court may be established under any name whatever.

Judges of the Supreme Court and the Courts of Appeal are appointed for ten (10) years. Judges of the Courts of First Instance are appointed for seven (7) years. Their term begins at the time they take their oath of office.

Supreme Court justices are appointed by the President of the Republic from a list submitted by the Senate of three (3) persons per court seat. Judges of the Courts of Appeal and Courts of First Instance are appointed from a list submitted by the Departmental Assembly concerned; Justices of the Peace are appointed from a list drawn up by the Communal Assemblies.

The law regulates the conditions required for serving as a judge at any level. A School of the Magistrature shall be established.

Judges of the Supreme Court, the Courts of Appeal and the Courts of First Instance are appointed for life. They may be removed from office only because of a legally determined abuse of authority or be suspended following an indictment leveled against them. They may not be reassigned, without their consent, even in the case of a promotion. Their service may be terminated during their term of office only in the event of a duly determined permanent physical or mental incapacity.

The Supreme Court does not try cases on their merits. Nevertheless, in all cases other than those submitted to a jury, when a case between the same parties is tried upon second appeal, even with an incidental plea of defense, the Supreme Court, accepting the appeal, shall not remand the case to a lower court but shall rule on the merits, sitting as a full court.

However, in the case of appeals from temporary restraining orders of magistrates, grants of appeal pronounced in connection with such orders or from final sentences of the Peace Courts or decisions of special courts, the Supreme Court, admitting the appeal, shall pronounce a decision without remanding the case.

The duties of a judge are incompatible with any other salaried duties, except for education.

Court proceedings are public. However, they may take place in closed session in the interest of public order and good morals, at the decision of the Court.

Sentences may not be delivered in closed session in cases of political offenses or offenses involving the press.

All orders or judgments shall state the grounds for the decision and shall be handed down in a public hearing.

Orders or judgments are delivered and executed in the name of the Republic. They shall include writs of execution to officers of the Public Prosecutor's Office and agencies of the police and armed forces. Acts of notaries shall be put in the same form when their compulsory execution is involved.

The Supreme Court rules on conflicts of jurisdiction, in the manner regulated by law.

The Supreme Court rules on both fact and law in all cases of decisions handed down by military courts.

When litigation is referred to it, the Supreme Court, sitting as a full Court, shall rule on the unconstitutionality of the laws.

The interpretation of a law given by the Houses of the Legislature shall be imposed for the purpose of that law without retroactively taking away any rights acquired by res judicata.

The Courts shall apply Government decrees and regulations only insofar as they are in conformity with the law.

The law determines the jurisdiction of the courts and tribunals, and regulates the manner of proceedings before them.

The law also provides for disciplinary penalties to be taken against judges and officers of the Public Prosecutor's Office, except for Supreme Court justices, who are under the jurisdiction of the High Court of Justice for abuse of authority.