Avant-projet de révision constitutionnelle : les 7 Sages exigent la réécriture de plusieurs articles
The Constitutional Council has published its decision on the draft revision of the Constitution submitted for review by the President of the Republic on May 5, 2026. In this decision deliberated on May 13, the high court deems the request for review admissible and considers the initiative for constitutional revision to be regular.
In its opinion, the Council upheld several provisions of the draft while requiring corrections to both form and substance. Among the main recommendations was the rewriting of the last paragraph of the preamble to explicitly enshrine the clauses deemed inviolable in the Constitution. The Council thus requested that "the republican form of government, the method of election, the term and number of consecutive terms of the President of the Republic" be clearly protected, as these "cannot be subject to revision."
The institution also rejected certain formulations that it deemed contrary to "the general spirit of the Constitution." This is notably the case with the expression "according to his or her religion" appearing in paragraph 2 of Article 37, which the judges requested be removed. Similarly, two provisions of Article 92 relating to the future Constitutional Court were deemed unconstitutional and must be withdrawn from the text.
The Constitutional Council has also requested several editorial adjustments. In particular, it recommends replacing the verb "to raise" with "to educate" in Article 20, and substituting the name "Constitutional Council" with "Constitutional Court" in all relevant provisions.
Regarding the future judicial architecture, the judges propose reformulating Article 92 to affirm that "the Constitutional Court is the highest court" with jurisdiction over constitutional, referendum, and electoral matters. They also specify the powers of this court, notably the review of the constitutionality of laws and international agreements, and the regularity of the election of the National Assembly's leadership.
On the other hand, several articles amended in the preliminary draft, notably articles 4, 8, 9, 17, 18, 21, 25-1, 29, 30, 31, 34, 36, 39, 53, 54, 57, 58, 59, 61, 77, 80, 89 and 90, "do not call for any remark of constitutionality", according to the decision.
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