The Constitutional Council is one of the newest institutions created by Law N° 96 /06 of 18th January 1996 on constitutional revision of 2nd June 1972 (modified by the Law No.2008/001 of April 14, 2008).
In Section 46, the Constitution defines the said institution as the competent authority as regards constitutional matters. It rules on the constitutionality of laws. This regulatory organ oversees the functioning of institutions. It rules supremely in its domain of competence, which focuses among others on the following points:
• The constitutionality of laws, treaties and international agreements;
• The internal regulations of the National Assembly and the Senate;
• Conflicts of competence between the State's institutions; between the State and Regions; and between Regions.
Section 48 stipulates that, the Constitutional Council watches over the regularity of presidential and parliamentary elections as well as referendum operations. The Constitutional Council proclaims the results of these various elections.
The eleven members of the institution are appointed for six years eventually renewable. Appointed by the Head of State, they are designated according to Section 51, as follows:
- Three members including the President of the council by the President of the Republic;
- Three by the Speaker of the National Assembly with the bureau’s approval;
- Three by the Chairman of the Senate with bureau's approval;
- And two by the Supreme Magistracy Council.
