Enactment of the law creating the Constitutional Court
The head of state of the DRC issued Tuesday, October 15, 2013 the Law on the organization and functioning of the Constitutional Court three years after its adoption in Parliament. This law was passed by the National Assembly and the Senate in late October 2010 . The Constitutional Court is responsible for reviewing the constitutionality of laws and acts having the force of law. It also has jurisdiction to try the dispute presidential and legislative elections and the referendum .
Under the 2006 Constitution , this Court has never been established. Until then, it’s the Supreme Court that served as Constitutional Court.
The Constitutional Court is the only court able to judge the head of state and the Prime Minister as provided by the constitution. It will be composed of nine members appointed for a term of nine years non-renewable . Three members shall be appointed on the initiative of the head of state , the other three by the Congress (National Assembly and Senate) and the last three by the Supreme Judicial Council .
The president of the court shall be elected by his peers for a term of three years, renewable once . The enacted law also creates a public prosecutor at the Constitutional Court.
