constituteproject.org PDF generated: 18 Apr 2016, 15:13 Title VI: Of the Constitutional Court of the Transition • Constitutional court powers • Establishment of constitutional court • Constitutional interpretation • Constitutionality of legislation Article 76 A Constitutional Court of the Transition will be established and will be in charge of: • Deciding on the constitutionality of organic and ordinary laws, already adopted or simply voted on, of regulations as well as the rules of procedure of the National Council of the Transition; • Hearing all electoral complaints; • Overseeing the regularity of electoral consultations, examining and declaring the results; • Overseeing the regularity of referendum operations, examining and declaring the results; • Hearing the Head of State of the Transition’s oath and that of the elected President of the Republic’s; • Settling conflicts of competences within the executive branch, between the legislative and the executive branch, and between the State and local authorities; • Finding the defects in the enactment of laws after the final vote and the deficiencies in their enactment in order to allow their entry into force; • Interpreting the Constitutional Charter of the Transition; • Advising on Constitutional amendment drafts or proposals and on referendum procedure. Article 77 Any person who considers themselves aggrieved may refer the matter of the constitutionality of laws to the Constitutional Court of the Transition, either directly, or through the procedure of the pleadings of unconstitutionality invoked before a Court in a matter that concerns them. When a procedure of the pleadings of unconstitutionality is raised by the party concerned before a Court, whichever that Court may be, it must suspend the proceedings and refer the matter to the Constitutional Court of the Transition. • Constitutionality of legislation Article 78 The Head of State of the Transition, the Prime Minister, the President of the National Council of the Transition, and one-fourth (1/4) of the members of the National Council of the Transition may refer an opinion request to the Constitutional Court. Article 79 The Constitutional Court of the Transition must give a ruling within one month. In case of emergency, this delay is brought to eight (8) days. Abstention is forbidden. In the event of a tie, the President shall have the casting vote. Central African Republic 2013 Page 22