Content
  What is the constitutional council?
  History
  Composition and Organization
General Secretariat
  Structure

Composition and Organization

1-Composition

    * Total number of members : 9

        * Appointment and election authorities

       - The King shall appoint 3 members by Preah Reach Kret (Royal Degree).
       - The Supreme Council of Magistrature shall elect 3 members who shall afterwards be appointed by Royal Degree.
       - The National Assembly shall elect 3 members who shall later be appointed by Royal Degree.

     * The President of the Constitutional Council

    The President of the Constitutional Council shall be elected among its members every 3 years at the absolute majority of the totality of members of the Council after coming in function of 3 new members. The former President of the Constitutional Council may be reelected.

     * The quality of the members

     Members of the Constitutional Council shall be chosen among dignitaries who :

       - are Khmer by birth,
       - have at least 45 year of age,
       - have at least 15 years of professional experiences,
       - Possess degree of higher education in the areas of law, administration, diplomacy or economics.

     * Term : 9 years

     * Reappointment and Reelection

        - Every three years, three members shall be renewed. One shall be appointed by the King, one elected by the Supreme Council of Magistrature and one elected by the National Assembly for its first term, the Constitutional Council comprises 3 members assigned for a term of 3 years, 3 others for a term of 6 years, 3 others for a term of 9 years. The King shall appoint a member for 3 years, a member for 6 years, a member for 9 years. The Supreme Council of Magistrature shall elect a member for 3 years, a member for 6 years, a member for 9 years. The National Assembly shall elect a member for 3 years, a member for 6 years, a member for 9 years. A replacement for a member of the Constitutional Council whose mandate has a duration equal or less than three years, the substitute member can be reappointed or reelected for a new term.

     * The function of a member of the Constitutional Council is incompatible with all activities in civil services and offices as:

         - Members of the Government
         - Member of the Senate
         - Member of the National Assembly
         - President or Vice-President of a political party
         - President or Vice-President of a trade-union
         - Judges in office
         Members of the Constitutional Council must not exercise any other function or profession during their mandate.

     * Immunities

       Members of the Constitutional Council shall not be liable to civil or penal sanctions for decisions taken while fulfilling their functions of members of the Council.

     * Rank and prerogatives

         - The President of the Constitutional Council has rank and prerogatives equal to those of the President of the National Assembly.

         - The members of the Constitutional Council have rank and prerogatives equal to those of the Vice-President of the National Assembly.

     * Revocation

       The decision for the dismissal of any member of the Council shall be taken by a vote by 2/3 majority of the whole members of the Council in closed door hearing with his/her presence. The Constitutional Council can dismiss any member whose activity is incompatible with his/her function or who does not attend over 3 consecutive meetings without prior notification or cannot fulfill his/her duties due to physical or mental disabilities.

     * Retirement Pension

     The former members of the Constitutional Council shall be given the monthly retirement pension in accordance with the conditions and the calculation formulas of the retirement pension arrangement of the member of the National Assembly.

2-Procedure

     * Quorum: 5 out of 9

       Meetings of the Constitutional Council are valid only when, at least, 5 of its members participate on convocation of its President or, in case of his absence, on convocation of its eldest member. The convening and chairing the first meeting to elect the President of the Constitutional Council shall be made by the eldest member who has taken oath and has been present.

     * Rules of Procedure

       Rules of Procedure shall be adopted at an absolute majority of its whole members. Members of the Constitutional Council shall be divided into 3 groups of 3 persons appointed or elected by the 3 appointing authorities. The President shall appoint a reporting member of any group for each case.

     * Preliminary and plenary sessions

       - The concerned group of the Constitutional Council shall discuss and analyze the point of view submitted by the reporting member. After complete debate the reporting member shall submit his/her report, even controversial, to the preliminary session scheduled by the President.

       - The Preliminary session is a preparatory meeting to a decision in which each member expresses his/her opinion without adoption. In this session one may know tendencies, favorable or not, to the question examined.

       - The plenary session is the final phase in which the Constitutional Council shall issue the decision by absolute majority of the whole members. This plenary session could become a public hearing in some cases as stipulated in electoral law on choosing the Members of Parliament.

       - All the debates in the meeting shall be recorded in minutes by a team of Clerks led by Secretary General or Deputy Secretary General.

     * Secret of deliberation

       Deliberation and vote shall be kept secret. They shall not express their opinion outside the meeting.

     * Validity of decisions

       The Constitutional Council shall make decision by absolute majority of the members of the Council (5 votes) except for the adoption of the Rules of Procedure and for dismissal of a member which shall take 2/3 majority of the votes of the whole members of the Council ( 6 votes ).

     * The contradictory procedure is only used in the public hearing.

     * Means of defense: oral or written means

     * All recourses lodged with the Constitutional Council are gratis.

Related Websites
Association of Constitutional Courts Using the French Language
World conference on Constitutional Justice

Visitors
Today : 7
Yesterday : 32
Total : 20131