✍️ Title VI: The Constitutional Court
Article 52 – Establishment of the Court
The Supreme Constitutional Court is an independent and permanent judicial body, endowed with legal personality as well as administrative and financial autonomy.
It guarantees respect for the Constitution and the supremacy of its provisions.
Article 53 – Composition of the Court
The Court is composed of twelve (12) highly qualified members with expertise in constitutional law and the judiciary:
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four (4) elected by the House of Deputies by a two-thirds majority;
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four (4) appointed by the High Council of the Judiciary;
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four (4) appointed by the President of the Republic.
Article 54 – Term of Office
The term of office is nine (9) years, non-renewable.
One third of the members shall be renewed every three (3) years to ensure continuity.
Article 55 – Jurisdiction of the Court
The Supreme Constitutional Court shall:
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exercise prior review of the constitutionality of draft laws and international treaties;
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exercise subsequent review of the constitutionality of laws after their promulgation, upon request from the President of the Republic, one third of the members of the House of Deputies, or the High Council of the Judiciary;
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resolve conflicts of competence between constitutional authorities;
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adjudicate final electoral appeals;
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interpret the provisions of the Constitution upon request from the three branches of power or from the courts.
Article 56 – Constitutional Challenge
The right to raise a constitutional challenge is guaranteed to any litigant in the course of judicial proceedings.
The Constitutional Court must rule within a maximum of thirty (30) days from the date of referral.
Article 57 – Binding Nature of Decisions
The decisions of the Constitutional Court are final and binding on all authorities and individuals.
Any provision declared unconstitutional shall be annulled from the date of the decision, without retroactive effect, unless the Court decides otherwise to protect acquired rights.
Article 58 – Guarantees for Members
The members of the Constitutional Court shall enjoy independence and impartiality.
They may not be dismissed or removed from office except by a reasoned judicial decision in cases of serious misconduct or loss of eligibility requirements.
They are prohibited from combining their membership with any political, partisan, or trade union activity.