Article 137: In the event of referral to the Constitutional Council by way of action, a law or a
provision declared contrary to Constitution may not be promulgated or implemented. A law or
provision contrary to the Constitution is null and void with respect to everyone.
In case of referral to the Constitutional Council by way of exception, the decision of the
Constitutional Council applies to everyone, beyond the parties to the trial. A law or provision
declared unconstitutional by the Council is repealed.
Article 138: Decisions of the Constitutional Council are not subject to appeal. They apply to the
public bodies, to any administrative, judicial, military authority and to any natural or legal
person.
TITLE IX. JUDICIAL POWER
CHAPTER I. THE STATUS OF A JUDGE
Article 139: The judicial power is independent.
The President of the Republic is the guarantor of the independence of judicial power. He is
assisted by the Superior Council of the Magistracy.
Article 140: Magistrates on the bench are irremovable. They may not be transferred without their
consent, unless operational requirements dictate otherwise. They may not be dismissed,
suspended from their official duties, or subject to disciplinary action except in the case of a
breach of their obligations and only after reasoned decision taken by the Superior Council of the
Magistracy.
The magistrate is protected against all forms of interference, pressure, interventions or
maneuvers, proving harmful to the accomplishment of his mission. Should he consider his
independence threatened, the Judge has the right to appeal to the Superior Council of the
Magistracy.
The judge obeys only the authority of the law.
Article 141: The magistrate must be competent. He must demonstrate impartiality, neutrality and
honesty in the exercise of his official duties. Any breach of these official duties constitutes
professional misconduct.
Article 142: The magistrate is protected in his honor, dignity and security on the occasion of, or
during, the exercise of his official duties, in particular against insults, provocations and threats to
which he may be subjected.
Except for flagrante delicto or final conviction, no magistrate may be prosecuted, arrested,
detained or tried in criminal or correctional matters without the authorization of the Superior
Council of the Magistracy.
CHAPTER II. THE ORGANIZATION OF JUSTICE
Article 143: Justice is served throughout the national territory, on behalf of the Ivoirian people,
by the Supreme Court, Court of Auditors, Courts of Appeal, Courts of First Instance,
administrative courts and Regional Audit Chambers.
Article 144: The Supreme Court and the Court of Auditors are the two judicial institutions
representative of judicial power.
CHAPTER III. THE SUPERIOR COUNCIL OF THE JUDICIARY
Article 145: The Superior Council of the Magistracy is presided over by a person appointed by
the President of the Republic of the High Judges in office or on retirement.
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