Republic of Fluid | Constitution Public Register All Portals

Court of the Republic

Constitutional Court

Established under Article 216 of the Constitution · fifteen justices

The two chambers

Neither chamber is a standing body. Each is composed afresh by lot from among the fifteen justices for every matter it hears.

The Constitutional Chamber

The Chamber conducts the preventive review of Article 137 and decides the references of Article 195. A court seised of a case in which a question of conformity arises refers the question here, decides its case upon the answer, and the answer stands published.

The Chamber may remit a matter to the plenary, and the plenary must then decide where the question concerns the distribution of functions under Article 13 or the amendment procedure of Title XII. Two matters were remitted in the period, both on the distribution of functions.

The Ecological Chamber

The Chamber exercises the jurisdiction of Article 27 and hears the actions of Article 19. Article 19(1) gives standing to any person, in the name of a natural entity, with no showing of personal injury, residence, nationality or economic interest. Communes, cooperatives, unions, scientific institutions and associations hold the same standing.

The scientific assessors

Assessors advise the Ecological Chamber and have no vote. They are designated from the institutions organic law names, and the designation for each matter is published with the composition of the panel. Article 199(2) applies the same arrangement to the specialised divisions of the ordinary courts.

An assessor answers questions of measurement and of method. The finding on the law and the disposition of the case belong to the five justices.

Reason for drawing the panels

Every case in the Republic is assigned to judges by lot, upon the order of receipt, by a procedure operating without human intervention. Article 220(2) and Article 221(2) apply the same rule inside the Court. Article 201(4) forbids the president of a court, the Judicial Council or any other person to select the judge who is to hear a case or to alter the composition of a panel after allocation.

The register of automated systems kept by the Defender of Rights contains the entry for the assignment system, and Article 254(4) requires the data division of the Defender to audit that system jointly with the Audit Office.