126. The Court further observes that in accordance with Articles 12232 of the
Constitution, 2233 and 2434 of Law No. 91-009 of 4 March 1991 pertaining
to the Organic Law on the Constitutional Court, the President of the
Republic, any member of the National Assembly, any citizen, any
association or non-governmental organisation for the defence of human
rights may initiate proceedings before the said Court against all laws and
regulatory acts alleged to infringe on fundamental human rights and public
freedoms and, in general, against the violation of human rights.
127. The Court notes that the a posteriori power conferred by these articles on
ordinary citizens to bring cases before the Constitutional Court is perfectly
understandable insofar as the law has been promulgated and has entered
into force and therefore applies to everyone. It follows that citizens have the
avenue and the right to challenge this law if they consider that it infringes
their fundamental rights.
128. As regards the restriction of referral provided for in Article 121 of the
Constitution, the Court notes that the said referral relates to a law that has
not yet been promulgated and therefore does not affect the rights of citizens.
The Court therefore considers that the said restriction of referral is justified
insofar as it allows those entitled to lay the bill or draft law before the
32 Article
122 "Any citizen may refer to the Constitutional Court the constitutionality of laws, either directly
or by the exceptional procedure based on unconstitutionality invoked in a case which concerns him
before a court. The latter shall stay proceedings until the Constitutional Court has issued its decision,
which must be issued within thirty days.
33 Article 22 "Similarly, laws and regulatory acts that are alleged to infringe on fundamental human rights
and public freedoms, and in general, on the violation of human rights, shall be referred to the
Constitutional Court either by the President of the Republic or by any citizen, association or nongovernmental organisation for the defence of human rights"
34 Article 24 "Any citizen may, by a letter stating his name, surname and precise address, bring a case
directly to the Constitutional Court on the constitutionality of laws.
He may also, in a case which concerns him, raise the objection based on unconstitutionality before a
court.
The latter, following the exceptional procedure of unconstitutionality, must immediately and at the latest
within eight days refer the matter to the Constitutional Court and suspend the ruling until the decision of
the Constitutional Court.
35