914/MEF/DC//SGM/DGI of 13 December 2017, that local remedies were not
exhausted. Consequently, the Court declares all the allegations relating to
the said Memorandum inadmissible.
48. With regard to the contested legislative provisions, the Court underlines that
under Articles 11411 and 12212 of the Constitution of the Respondent State,
the Constitutional Court is the judge of the constitutionality of laws and
guarantees the fundamental rights of the human person and public
freedoms and mandatorily rules on the constitutionality of organic laws and
laws in general prior to promulgation. It hears in first and last instance any
action concerning a violation of human rights brought by any citizen of the
Respondent State. Consequently, a local remedy exists and is available.
49. The Court further notes that Article 1121 of the Constitution13 stipulates that
the Constitutional Court rules on the constitutionality of laws prior to
promulgation, and at the request of the President of the Republic or any
member of the National Assembly.
50. In this respect, the Court underlines that the Charter is an integral part of
the Constitution of the Respondent State.14 As a result, the constitutionality
review, which relates to both the procedure followed for the adoption of the
law and its content15 , is carried out in relation to “the constitutional bloc that
"The Constitutional Court is the highest court of the State in constitutional matters. It rules on the
constitutionality of laws and guarantees the fundamental rights of the human person and public
freedoms (...)"
12 "Any citizen may refer to the Constitutional Court the constitutionality of laws, either directly or through
the exceptional procedure based on unconstitutionality invoked in a case that concerns him before a
court.
13 See also Article 19 of Law No. 91 - 009 of 4 March 1991 on the organic law on the Constitutional
Court, as amended by the Law of 31 May 2001
14 Article 7 of the Constitution of Benin provides: "The rights and duties proclaimed and guaranteed by
the African Charter on Human and Peoples' Rights, adopted in 1981 by the Organization of African Unity
and ratified by Benin on 20 January 1986, are an integral part of the (...) Constitution and of the law".
15 Article 35 of the Rules of Procedure of the Constitution provides, in the context of the review of
constitutionality: "The Constitutional Court shall rule on the law as a whole, both on its content and on
the procedure for its drafting"
11
17