The constitutional council has the jurisdiction to review the constitutionality of laws and to rule on electoral disputes (According to Article 19 of the Constitution, Article 1 of the law establishing the Constitutional Council, Article 1 of the rules of the internal statutes of the Council).
According to Articles 1 and 18 of the law establishing the Council, and Article 1 of its internal statutes, the council has the competence to review the constitutionality of laws. No other judicial authority has the jurisdiction to exercise this sort of control, neither based on a direct claim nor indirectly through the exception of unconstitutionality.
Only the following authorities can seize the constitutional council with a claim of unconstitutionality: The president of the Republic, the Chief of parliament, the Prime Minister, ten deputies at least and the chiefs of religious communities recognized by law exclusively regarding personal status and the freedom of religious education. The claim is presented to the presidency of the council within a deadline of 10 days following the publication of the law.
The council decides at first if there is ground for suspending the challenged law, before ruling on its validity. The decision of suspension is published in the official gazette and notified to the President of the Republic, the Prime Minister and to the Chief of Parliament.
The President of the Council designates a rapporteur amongst the members of the Council to study the challenge. The rapporteur presents his conclusions to the Council within the 10 days of his appointment. The council convenes for deliberation within a deadline of 5 days following the submission of the rapporteur’s conclusions, and issues a ruling within a deadline of 15 days. The decisions on constitutionality review require the majority of 7 members. The decision can either declare the law valid, or partially or entirely invalid.
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