constituteproject.org PDF generated: 14 Oct 2013, 20:27 TITLE VI Of the CONSTITUTIONAL COURT Article 99 The Constitutional Court is the highest jurisdiction of the State in constitutional matters. It is [the] judge the constitutionality of the law and it guarantees the fundamental rights of the human person and of the public freedoms. It is the regulatory organ of the functioning of the institutions and of the activity of the public powers. Article 100 The Constitutional Court is composed of nine (09) members appointed for seven (7) years renewable. Three (3) are appointed by the President of the Republic of which one (1) on the basis of their juridical competence. Three (3) are elected by the National Assembly with the majority of two-thirds (2/3) of its members. They must be chosen [from] outside of the deputies. One among them must be designated on the basis of their juridical competence. Three (3) are elected by the Senate with the majority of two-thirds (2/3) of its members. They must be chosen [from] outside of the senators. One among them must be designated on the basis of their juridical competence. Article 101 The President of the Constitutional Court is appointed by the President of the Republic from among the members of the Court for a time period of seven (7) years. He has preponderant vote in case of a tie. Article 102 The members of the Constitutional Court, during the duration of their mandates, may not be prosecuted or arrested without the authorization of the Constitutional Court except in case of flagrante delicto. In this case, the President of the Constitutional Court must be referred to [the matter] immediately and at the latest within forty-eight hours. Article 103 The functions of members of the Constitutional Court are incompatible with the exercise of any elective mandate, of any public, civil or military office, of any professional activity as well as of any function of national representation. An organic law determines the organization and the functioning of the Constitutional Court, the procedure to be followed before it, notably the time periods for referral [of matters] to it, as well as the immunities and the disciplinary regime of its members. Togo 1992 (rev. 2007) Page 22