constituteproject.org PDF generated: 14 Oct 2013, 20:27 Article 118 The recruitment of each magistrate is made on proposal of the Guardian of the Seals, Minister of Justice, after opinion of the Superior Council of the Magistrature. The appointment of the presiding magistrates is made by decree taken in the Council of Ministers on proposal of the Superior Council of the Magistrature. The appointment of the prosecuting magistrates is made by decree taken in the Council of Ministers on proposal of the Keeper of the Seals, Minister of Justice, after opinion of the Superior Council of the Magistrature. The magistrates in office may not fulfill other public offices, or exercise lucrative private activities outside of those cases provided for by the law, or conduct political activities. An organic law establishes the status of the magistrates and their remuneration in accordance with the requirements of independence and of efficacy. Article 119 The principles of jurisdictional unity and of distinction between disputes are at the basis of the organization and of the functioning of the administrative and judicial jurisdictions. The law organizes the military jurisdiction within respect for the principles of the Constitution. Jurisdictions of exception are prohibited. SUB TITLE II Of the SUPREME COURT Article 120 The Supreme Court is the highest jurisdiction of the State in judicial and administrative matters. Article 121 The President of the Supreme Court is necessarily a professional magistrate. He is appointed by decree of the President of the Republic in the Council of Ministers on proposal of the Superior Council of the Magistrature. Before entry into office, he swears before the bureau of the National Assembly in these terms: "I swear to well and faithfully fulfill my function, to exercise it in all impartiality, with respect for the Constitution, to guard the secrecy of the deliberations and of the votes, to not take any public position and to not give any consultation of private nature on the questions arising from the competence of the Court, and to conduct myself in everything as a dignified and loyal magistrate." Article 122 The magistrates of the Supreme Court may only be prosecuted for crimes and offenses committed in the exercise or on the occasion or outside of their functions before the High Court of Justice. Except in case of a flagrante delicto, no magistrate of the Supreme Court may be prosecuted or judged without the prior authorization of the Superior Council of the Magistrature. An organic law determines the conditions of organization and of functioning of the Supreme Court. Togo 1992 (rev. 2007) Page 27