Article 146: The Superior Council of the Magistracy:
- examines all questions relating to the independence of the Magistracy and to the ethics of
magistrates;
- makes proposals for the appointment of magistrates of the Supreme Court and of the
Court of Auditors, of first Presidents of the Courts of Appeal and of the Presidents of the
Courts of First Instance;
- gives its assent to the appointment, transfer and promotion of magistrates on the bench;
- makes decisions concerning the disciplinary training of magistrates on the bench as well
as of Prosecutors.
The decisions of the Superior Council of the Magistracy are subject to appeal.
An organic law determines the composition, organization and functioning of the Superior
Council of the Magistracy.
CHAPTER IV. THE SUPREME COURT
Article 147: The Supreme Court supervises the implementation of the law by judiciary and
administrative orders. It regulates conflicts of competence between the jurisdictions of these two
orders.
The Supreme Court is composed of:
- the Court of Cassation;
- the Council of State.
An organic law determines the composition, organization and functioning of the Supreme Court.
Article 148: The Court of Cassation is the highest court of the judiciary. It decides sovereignly
on appeals in cassation against the decisions rendered in the last instance by the courts and
tribunals of the judiciary.
Article 149: The Council of State is the highest jurisdiction of the administrative order. It rules
sovereignly on decisions rendered in the last instance by the administrative tribunals and by the
administrative courts specialized in administrative disputes.
The Council of State hears cases at the first and last instances concerning actions for annulment
of the acts of the central administrative authorities and bodies with national competence.
It also has an advisory function. In this capacity, it may be consulted by the President of the
Republic on any matter of an administrative nature.
Article 150: The President of the Supreme Court is appointed by the President of the Republic
for a renewable period of five years once from among personalities recognized for their
competence and proven expertise in legal matters.
The President of the Court of Cassation and the President of the Council of State are appointed
by decree made in the Council of Ministers, after consultation with the Superior Council of the
Magistracy.
The President of the Court of Cassation and the President of the Council of State are vicepresidents of the Supreme Court.
Article 151: The composition, responsibilities, organization and functioning of the Court of
Cassation and the Council of State are determined respectively by a law.
CHAPTER V. THE COURT OF AUDITORS
Article 152: The Court of Auditors is the supreme audit institution.
It has jurisdictional, supervisory and advisory responsibilities.
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