` What is the constitutional council? Constitutional Council of Cambodia
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What is the constitutional council?
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* It is a supreme institution stipulated in the 1993 Constitution to guarantee the respect of the Constitution, to interpret the Constitution and the laws adopted by the National Assembly and completely reviewed by the Senate, and to examine and decide on litigations related to the elections of the Members of the National Assembly and to the elections of the Senators.


* This Institution has been effectively functioning since June 15, 1998.


* The Constitutional Council is composed of one President and 8 members. The President is elected by a college of 9 Councillors at the absolute majority. The election of the President would take place every three years after the three new members come into office. The President has rank and prerogatives of the President of the National Assembly. Members have rank and prerogatives of the Vice-President of the National Assembly. The normal mandate of the members is 9 years, but a third of members are replaced every 3 years. For the first mandate, 3 members are appointed or elected for a term of 3, 6, and 9 years respectively. 3 members are appointed by the King while the National Assembly and the Supreme Council of Magistracy would elect 3 members each. All the Members of the Constitutional Council shall be chosen among the high-ranking personalities of Khmer nationality by birth, aged at least 45 years old, holding high diplomas in law, administration, diplomacy or economics and having professional experiences of at least 15 years.


* As a principle, the Constitutional Council can not examine any matter on its own initiative. Only the King, the President of the Senate, the President of the National Assembly, the Prime Minister, one-fourth of the Senators, one-tenth of the members of the National Assembly, or the Court can request the Constitutional Council to examine the constitutionality of the law. People and political parties can submit the requests or lodge the complaints under conditions as stated hereafter.


The King and the Constitutional Council


* The King consults the Constitutional Council on any proposal aiming at amending the Constitution.


* The initiative of the revision or the amendment of the Constitution belongs to the King, ` to the Prime Minister and to the President of the National Assembly on the proposal from one-fourth of the National Assembly’s Members.



The Constitutional Council and the Citizens


* Citizen, party to legal proceeding, can raise the question of unconstitutionality of the law or decision of state institutions. The lower jurisdiction shall submit the complaint to the Supreme Court. Should the Supreme Court find the complaint valid, it shall forward the complaint to the Constitutional Council. The question raised is called the interlocutory question. The court in charge of the trial shall suspend its hearing and wait for the answer of the Constitutional Council.


* Citizens have the right to raise, outside the court case, the constitutionality of a law with the Constitutional Council through the President of the Senate, the President of the National Assembly, one fourth of the senators or one tenth of the National Assembly members.


* During the elections of the members of the National Assembly and of the Senate, the Constitutional Council rules on the complaints of the citizens contesting the decisions of the National Election Committee (N.E.C.).



The Constitutional Council and Political Parties


* During the elections of the members of the National Assembly and of the Senate, the Constitutional Council examines and decides on the direct complaint from any political party within 72 hours after the proclamation of the provisional results of the elections or on the complaint in appeal from a political party contesting the decisions of the National Election Committee (N.E.C.).


* The Constitutional Council has the competence to rule on litigations related to the elections of the members of the National Assembly and those of the Senators, such as complaints concerning the initial electoral rolls at the time of the elector's registration and the complaints occurred during the electoral campaign. In this case, the Constitutional Council acts as a Court.



The Constitutional Council and Interpretation/Constitutional review


* The Constitutional Council Interprets the Constitution and the laws, in the framework of the examination of the constitutionality, when requested by the King, the President of the Senate, the President of the National Assembly, the Prime Minister, one-fourth of the senators, one-tenth of the National Assembly members or by the court.


* Within the above mentioned conditions, the Constitutional Council can examine the constitutionality of the laws before or after their promulgation, except the organic laws, the rules of procedures of the Senate and of the National Assembly which shall be examined before their promulgation or their implementation.



The Constitutional Council and the National Sovereignty


* The Constitutional Council is the only competent institution having the authority to nullify any vote by the National Assembly that is contrary to the principle of safeguarding the independence, sovereignty, territorial integrity, and that undermines the political unity or the administrative management of the nation.


* The decisions of the Constitutional Council are final without recourse and have authority over all instituted powers stipulated in the Constitution.


Achievements


year Consultation Electoral litigation Interpretation Constitutional review Rejection for incompetence or legal form
Constitution Laws
1998 01 17 04
1999 02 11 01
2000 02 02 05
2001 01 02 05 02
2002 02 01 01 04
2003 02 11 01 03 01 05
2004 01 09 03
2005 03 04 01
2006 01 05 11
2007 01 03 03 02
2008 01 09 02 13
2009 01 02 04
2010 01 02 02 03
2011 01 06 06
2012 05 01
2013 39 05 07
2014 02 06 02
2015 01 05
2016 02 01
2017(3) 23 09 01
Total 12 114 11 10 45 65

International relationship


The Constitutional Council has been a member of the ACCPUF (Association of Constitutional Courts Using of French language) since 1998.


Since 2012, the Constitutional Council has been a member of bureau of the ACCPUF and treasurer since 2015.


Since 2014, the Constitutional Council has been a member of the World Conference on Constitutional Justice (WCCJ).


How to contact the Constitutional Council ?


* Spokesmen :


- H.E. Mr. MIN SEAN

Member of the Constitutional Council
Tel : 012 949 632
E-mail :


- H.E. Mr. UTH CHHOURN

Member of the Constitutional Council
Tel :012 779 586/ 088 934 7777
E-mail :chhorn.uth@gmail.com


* Secretariat General :


- Secretary-General Tel : 011 893 982/ 023 726 031
- Deputy Secretary-General
• Responsible of Administration and Finance Tel : 092 655 558
• Responsible of Legal and Technical Services Tel: 012 633 933

Tel : (855) 23-720 912
Fax : (855) 23-726 031 / 23-720 912
E-mail :sgccc@online.com.kh / info@ccc.gov.kh
Website :http://www.ccc.gov.kh


* Published Documents :


• Constitution
• Bulletin of the decisions of the Constitutional Council
• Historical accounts and activities of the Constitutional Council
• Brochure in 3 languages of the Constitutional Council
• Review of the Constitutional Council
- This figure only until October, 2017


Welcame to Constitutional Council of Cambodia
More Videos
What is the constitutional council?
Symbol
Competence
Composition and Procedure
Series Q & A
Notification
Activities
Structures
History of Leaders
Welcame to Constitutional Council of Cambodia
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