Article 130: The Constitutional Council members are appointed for a non-renewable period of six years by the President of the Republic among persons recognized for their proven competence and expertise in legal or administrative affairs. Before taking office, they take an oath on the Constitution before the President of the Constitutional Council, in the following terms: “I hereby undertake to perform my official duties well and faithfully, to discharge them with complete independence and impartiality with respect for the Constitution, to keep the secrecy of deliberations and votes, even after the termination of my official duties, to take no public position in the legal, political, economic or social spheres, to give no private consultation on matters within the competence of the Council Constitutional.” The first Constitutional Council is composed of: - three members, two of whom designated by the Presidents of the National Assembly and the Senate, nominated for three years by the President of the Republic; - three members, one of whom designated by the President of the National Assembly, appointed for six years by the President of the Republic. Article 131: The official duties of member of the Constitutional Council are incompatible with the exercise of any political function, any public-sector employment or elective mandate and any professional activity. Any Constitutional Council member found in any of the cases of incompatibility is dismissed ex officio. In the event of death, resignation or absolute incapacity for any cause whatsoever, the President and the advisers are replaced, within a period of eight days, for the remainder of the term of office. Article 132: No member of the Constitutional Council may be prosecuted, arrested, detained or judged for criminal or correctional matters during their term of office, without the authorization of the Council, except in cases of flagrante delicto. CHAPTER IV. ORGANIZATION AND FUNCTIONING Article 133: Upon referral by the President of the Republic, bills or proposals may be submitted to the Constitutional Council for an opinion. Upon referral by the President of the National Assembly or the President of the Senate, bills or proposals may be submitted to the Constitutional Council for an opinion. Article 134: The international commitments referred to in Article 120 prior to their ratification, the constitutional laws adopted by parliamentary means, the organic laws before their promulgation, the by-laws of the parliamentary assemblies before their implementation, must be referred to the Constitutional Council, which decides on their conformity with the Constitution. Referral to the Constitutional Council suspends the time limit for promulgation or enforcement. Article 135: Any litigant may, by way of exception, raise the unconstitutionality of a law before any court. The court to which the challenge of the law is raised stays the proceedings and gives the litigant fifteen days to bring the matter before the Constitutional Council. At the expiration of this period, if the applicant reports no evidence of referral to the Council, the court makes its ruling. Article 136: An organic law determines the rules for the organization and functioning of the Constitutional Council, the procedure and time-limits for giving its decisions. CHAPTER V. THE AUTHORITY OF DECISIONS

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