The decision of the Constitutional Council of this Thursday, February 15, which declares the postponement of the election contrary to the Constitution, is detailed on 5 very technical pages. However, four points deserve particular attention. Decryption.
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The council says it is competent
The matter had been debated. The Council considers that it is competent to rule on the appeals filed against the constitutional law passed by the Assembly national Senegal on February 5 and on the decree of the Head of State which canceled the convocation of the electoral body. His main argument? He indicates that he “ has full jurisdiction in electoral matters “. Concretely: the Council considers that all acts which affect a national election are within its field of competence.
The law passed by the Assembly on February 5 is contrary to the Constitution and the principle of “ legal security and stability of institutions »
The Council considers that the law on the postponement of the presidential election is contrary to two articles of the Senegalese Constitution: article 27, which concerns the duration and number of mandates, and article 10.3 which specifies that “ the republican form of the State, the method of election, the duration and the number of consecutive mandates of the President of the Republic cannot be subject to revision “.
Read alsoSenegal: the Constitutional Council cancels the postponement of the presidential election
This law is also contrary to an important principle: that of “ legal security and stability of institutions “. Understand: the Council recalls the need for stability of institutions and constitutional texts, which must not be subject to political vagaries.
The presidential election cannot take place beyond April 2
The advice states “ that the date of the election cannot be postponed beyond the duration of the mandate “. However, the mandate of President Macky Sall expires on April 2.
The presidential election must now be held as soon as possible »
The Council notes that the date of February 25, 2024, initially selected for the first round of the presidential election, cannot be held. He does not mention a new date, but asks the authorities to organize this election “ as soon as possible “.
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