Four things to remember about the Constitutional Council's decision
The decision of the Constitutional Council of this Thursday, February 15, in which it announced the postponement of the elections in violation of the Constitution, is detailed in 5 very technical pages. However, there are four points that deserve special attention. Decryption.
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The council says he is competent
The matter has been discussed. The Council believes that it is competent to decide on the appeals submitted against it Constitutional law approved by the Council National Senegal On February 5, in accordance with the decree of the President of the State, which canceled the invitation to the Electoral College. His main argument? He points out that ” It has full jurisdiction in electoral matters Concretely: The Council considers that all actions affecting national elections fall within the scope of its jurisdiction.
The law approved by the Council on February 5 violates the Constitution and the principle of “ Legal security and institutional stability »
The Council considers that the law to postpone the presidential elections conflicts with two articles of the Senegalese Constitution: Article 27, relating to the duration and number of terms, and Article 10.3, which states that “ The republican form of the state, the method of election, and the duration and number of successive terms of the President of the Republic cannot be subject to review “.
Read alsoSenegal: The Constitutional Council cancels the postponement of the presidential elections
This law also contradicts an important principle, which is: “ Legal security and institutional stability Understanding: The Council points out the need for stability of institutions and constitutional texts, which must not be subject to political whims.
Presidential elections cannot be held after April 2
The advice states: It is not permissible to postpone the election date until after the term of office However, President Macky Sall's term ends on April 2.
Presidential elections must now be held As soon as possible »
The Council notes that the date of February 25, 2024, which was initially chosen for the first round of the presidential elections, cannot be held. He did not mention a new date, but he asked the authorities to organize these elections.” As soon as possible “.
Read alsoSpecial Edition – Presidential elections in Senegal: reactions and analyzes after the cancellation of the postponement by the Constitutional Council
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