constituteproject.org PDF generated: 18 Apr 2016, 15:22 Article 147 When the National Assembly adopts a motion of censure, the Government is deemed to have resigned. In this case, the Prime Minister remits the resignation of the Government to the President of the Republic within twenty-four hours. When a motion of no confidence against a member of the Government is adopted, that [member] is deemed to have resigned. Article 148 In the case of persistent crisis between the Government and the National Assembly, the President of the Republic can, after consultation of the Prime Minister and of the Presidents of the National Assembly and of the Senate, pronounce the dissolution of the National Assembly. No dissolution may take place in the year which follows the elections, or during the periods of the state of urgency or of siege or of war, or when the Republic is directed by an interim President. Following the dissolution of the National Assembly, the Independent National Electoral Commission convokes the electors, with a view to the election, within a time period of sixty days which follow the date of publication of the ordinance of dissolution, of a new National Assembly. Section 4: Of the Judicial Power Paragraph 1: Of General Provisions • Structure of the courts Article 149 [Amended by Law No. 11/002 of 20 January 2011.] • Judicial independence The judicial power is independent of the Legislative Power and of the Executive Power. • Establishment of administrative courts • Establishment of constitutional court • Establishment of military courts It is devolved to the Courts and Tribunals which are: the Constitutional Court, the Court of Cassation, the Council of State, the High Military Court, as well as the civil and military courts and tribunals. Justice is rendered on the whole of the national territory in the name of the people. The orders and the judgments as well as the ordinances of the Courts and Tribunals are executed in the name of the President of the Republic. Extraordinary tribunals or [tribunals] of exception may never be created under whatever denomination that may be. The law may create specialized jurisdictions. The judicial power has a budget drafted by the Superior Council of the Magistrature and transmitted to the Government to be included in the general budget of the State. The President of the Court of Cassation is its director. He is assisted by the Permanent Secretariat of the Superior Council of the Magistrature. Article 150 The judicial power is the guarantor of the individual freedoms and of the fundamental rights of the citizens. Congo (Democratic Republic of the) 2005 (rev. 2011) Page 40