constituteproject.org PDF generated: 18 Apr 2016, 15:22 The judges are only subject, in the exercise of their functions, to the authority of the law. An organic law determines the status of the magistrates. • Administrative court term length • Ordinary court term length The presiding magistrates may not be removed. They can only be transferred following a new appointment, or at their own demand or through a substantiated rotation decided by the Superior Council of the Magistrature. Article 151 The executive power may neither give orders to a judge in the exercise of his jurisdiction, nor decide on disputes, nor obstruct the course of justice, nor oppose the execution of a decision of justice. The legislative power may not decide on jurisdictional disputes, or modify a decision of justice, nor oppose its execution. Any law of which the subject is manifestly to provide a solution to a juridical process in [its] course is void and of no effect. • Establishment of judicial council Article 152 The Superior Council of the Magistrature is the organ of management of the judicial power. • Attorney general The Superior Council of the Magistrature is composed of the:   1. President of the Constitutional Court;   2. Attorney [Procureur] General before the Constitutional Court;   3. First President of the Court of Cassation;   4. Attorney General before the Court of Cassation;   5. First President of the Council of State;   6. Attorney General before the Council of State;   7. First President of the High Military Court;   8. Auditor General before the High Military Court;   9. First Presidents of the Courts of Appeal;   10. Attorneys General before the Courts of Appeal;   11. First Presidents of the Administrative Courts of Appeal;   12. Attorneys General before the Administrative Courts of Appeal;   13. First Presidents of Military Courts; Congo (Democratic Republic of the) 2005 (rev. 2011) Page 41

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