The Justice System

The Court Structure

The 1987 Constitution (Article 173) vests judicial power in: the Cour de Cassation (the country's highest court), the courts of appeal, the courts of first instance, the justices of the peace, and special courts. The justice of the peace is the justice closest to the people — handling small civil cases and minor offenses in each commune. Courts of first instance hear major cases; appeals courts review decisions; and the Cour de Cassation rules on questions of law in final instance.

How Judges Are Appointed

Cour de Cassation judges are appointed by the President from a list of 3 names per seat submitted by the Senate (Article 175). Cassation and appeals judges are appointed for 10 years; first-instance judges for 7 years (Article 174). The Constitution makes judges irremovable — they can only be removed for abuse of authority (Article 177) — a protection meant to keep justice independent of politics. Since 2007, the CSPJ (Superior Council of the Judiciary) manages judges' careers and discipline.

Justice and Elections

A functioning justice system is a condition for credible elections: courts judge electoral fraud, the Senate can form the High Court of Justice to try senior officials (Articles 185-186), and the judicial system must protect voters' rights. But today the system is in crisis: the Cour de Cassation went years without enough judges to function, nearly 10 of every 12 prisoners have never been tried, and insecurity has forced many courts to close. Rebuilding justice is one of the biggest tasks for the government that comes out of the 2026 elections.