constituteproject.org PDF generated: 18 Apr 2016, 15:22 In times of war or when the state of siege or of urgency is proclaimed, the President of the Republic, by a decision deliberated in the Council of Ministers, can suspend, on all or part of the Republic and for a time period and for infractions that are determined, the repressive action of the Courts and Tribunals of common law in favor of those of the military jurisdictions. However, the right to appeal cannot be suspended. An organic law establishes the rules of competence, of organization and of functioning of the military jurisdictions. Paragraph 5: Of the Constitutional Court Article 157 A Constitutional Court is instituted. • Constitutional court selection Article 158 The Constitutional Court consists of nine members appointed by the President of the Republic; three on his own initiative, three designated by the Parliament meeting in Congress and three designated by the Superior Council of the Magistrature. Two-thirds of the members of the Constitutional Court must be jurists from among the magistrature, of the Bar or from university education. The mandate of the members of the Constitutional Court is of nine years, nonrenewable. • Constitutional court term limits • Constitutional court term length The Constitutional Court is renewed by thirds every three years. However, on each renewal, one member per group will be determined by the drawing of lots. • Constitutional court term limits • Constitutional court term length The President of the Constitutional Court is elected by his peers for a time period of three years, renewable one time. He is invested by ordinance of the President of the Republic. • Eligibility for const court judges Article 159 No one may be appointed as a member of the Constitutional Court:   a. if he is not Congolese;   b. if he cannot demonstrate [a] proven experience of fifteen years in the judicial or political domain. • Constitutional interpretation • Constitutionality of legislation Article 160 The Constitutional Court is charged with the control of the constitutionality of the laws and of the acts having the force of law. The organic laws, before their promulgation, and the Internal Regulations of the parliamentary Chambers and of the Congress, of the Independent National Electoral Commission as well as of the Superior Council for Audiovisual and Communication, before their entry into application, must be submitted to the Constitutional Court which rules on their conformity with the Constitution. For the same end of examining [the] constitutionality, the laws may be referred to the Constitutional Court, before their promulgation, by the President of the Republic, the Prime Minister, the President of the National Assembly, the President Congo (Democratic Republic of the) 2005 (rev. 2011) Page 44