October 4, 1958 (excerpts)

TITLE VII - THE JUDICIAL AUTHORITY...

Art. 64 - The President of the Republic is the guarantor of the independence of the judicial authority and shall be assisted in this by the "Conseil Superieur de la Magistrature". The status of Magistrates shall be covered by way of a Constitutional Law. Sitting judges shall be irremovable.

Art. 65 - (Constitutional Law No. 93-952 dated July 27, 1993 amending the Constitution). The President of the Republic shall preside over the Conseil Superieur de la Magistrature. The Minister of Justice shall be the Vice President as of right and may be deputized to replace the President of the Republic.

The Conseil Superieur de la Magistrature is organized in two "formations", one having jurisdiction over sitting judges and the other over public prosecutors.

The formation sitting to deal with sitting judges comprises the President of the Republic, the Minister of Justice, five sitting judges and one public prosecutor, a Conseiller appointed by the Council of State and three prominent figures who are not Members of Parliament or Judges, respectively appointed by the President of the Republic, the President of the National Assembly and the President of the Senate.

The formation sitting to deal with public prosecutors comprises the President of the Republic, the Minister of Justice, five public prosecutors and one sitting judge, a Conseiller appointed by the Council of State and the three prominent figures mentioned in the above paragraph.

In the formation sitting to deal with sitting judges, the Conseil Superieur de la Magistrature nominates sitting judges to be members of the Cour de Cassation, First Presidents of the Courts of Appeals and Presidents of the Tribunaux de Grande Instance. The other sitting judges are appointed subject to its approval via a decision which is binding on the Minister of Justice. The Conseil Superieur de la Magistrature acts as a disciplinary body for sitting judges. In this capacity, it is presided over by the first President of the Cour de Cassation.

In the formation sitting to deal with public prosecutors, the Conseil Superieur de la Magistrature gives its opinion on the appointment of public prosecutors, with the exception of those members of the judiciary appointed by the Council of Ministers. It also gives its opinion on disciplinary measures to be taken against public prosecutors. In this capacity, it is presided over by the Public Prosecutor of the Cour de Cassation.

A Constitutional Law shall lay down the conditions for the application of this Article.

Art. 66 - No one may be arbitrarily detained. The judicial authorities are responsible for safeguarding individual freedom and shall ensure compliance with this principle under the conditions provided for by law.