constituteproject.org PDF generated: 18 Apr 2016, 15:22   14. Superior Military Auditors;   15. two presiding magistrates by jurisdiction [ressort] of Court[s] of Appeal, elected by all of the magistrates of the jurisdiction for a mandate of three years;   16. two prosecuting magistrates by jurisdiction of Court[s] of Appeal, elected by all of the magistrates of the jurisdiction for a mandate of three years;   17. a presiding magistrate by jurisdiction of Military Court[s];   18. a prosecuting magistrate by jurisdiction of Military Court[s]. • Administrative court selection • Supreme/ordinary court judge removal • Ordinary court selection It drafts the proposals of appointment, of promotion and of dismissal of the magistrates. It exercises the disciplinary power over the magistrates. It gives its opinion on matters of recourse [for] pardon. An organic law determines the organization and the functioning of the Superior Council of the Magistrature. Paragraph 2: Of the Jurisdictions of the Judicial Order • Structure of the courts • Supreme court powers Article 153 An order of judicial jurisdictions is instituted, composed of the civil and military courts and tribunals placed under the control of the Court of Cassation. • Right to appeal judicial decisions Without prejudice to the other competences which are assigned to it by this Constitution or by the laws of the Republic, the Court of Cassation takes cognizance of the appeals in cassation brought against the orders and judgments rendered in last resort by the civil and military courts and tribunals. Under the conditions specified by the Constitution and the laws of the Republic, the Court of Cassation decides in the first and last resort on the infractions committed by:   1. the members of the National Assembly and the Senate;   2. the members of the Government other than the Prime Minister;   3. the members of the Constitutional Court;   4. the magistrates of the Court of Cassation and the members of the prosecutorial office before that Court;   5. the members of the Council of State and the members of the prosecutorial office before that Council;   6. the members of the Court of Accounts and the members of the prosecutorial office before that Office; Congo (Democratic Republic of the) 2005 (rev. 2011) Page 42

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