constituteproject.org PDF generated: 18 Apr 2016, 15:13 An organic law establishes the organization and functioning of the Constitutional Court of the Transition. Title VII: Of the Judicial Power Article 85 • Judicial independence Justice constitutes a power independent of the legislative and executive powers. • Establishment of administrative courts • Structure of the courts Justice is carried out on the territory of the Central African Republic in the name of the Central African people by the Court of Cassation, the Court of Accounts, the Council of State and the Courts and Tribunals. • Judicial independence Article 86 Judges are independent. They are subject only to the authority of the law in the performance of their duties. The presiding magistrates are irremovable. • Advisory bodies to the head of state • Establishment of judicial council • Judicial independence Article 87 The Head of State of the Transition guarantees the independence of the Judicial Power. He is assisted in this endeavor by the Supreme Council of Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and of the Procurator General of the Court of Accounts. Throughout the Transition, the Supreme Council of the Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and of the Procurator General of the Court of Accounts will be presided over by the Head of State of the Transition. The Supreme Council of the Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and of the Procurator General of the Court of Accounts, oversee the management of magistrates’ careers and the independence of the Magistrature. The organization and functioning of the Supreme Council of the Magistrature, of the Consultative Commission of the Council of State and of the Conference of Presidents and of the Procurator General of the Court of Accounts will be established by organic laws. • Supreme court selection • Advisory bodies to the head of state • Establishment of judicial council • Ordinary court selection Article 88 Magistrates are appointed respectively by the Supreme Council of the Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and of the Procurator General of the Court of Accounts. Article 89 The judicial power, guardian of the freedoms and of property, must ensure respect for the fundamental principles of the State, for the rights and freedoms enshrined in the Constitutional Charter of the Transition. Subject to the provisions of the present Constitutional Charter, the organization and functioning of Justice complies with the legislative provisions and regulations in force. Central African Republic 2013 Page 24