Constitutional Council of Cambodia

COMPOSITION

   • Total number of members : 9

     • Appointment authorities
           - The King shall appoint 3 members by Preah Reach Kret ( Royal Decree )
           - The Supreme Council of the Magistracy shall elect 3 members who shall be appointed by Royal Decree.
           - The National Assembly shall elect 3 members who shall be appointed by Royal Decree.

     • The president of the Constitutional Council shall be elected among its members every 3 years at the absolute
       majority of the totality of members of the Council. The former President of the Constitutional Council may be
        reelected.

     • The quality of the members
           - Members of the Constitutional Council shall be chosen among dignitaries being Khmer by birth, aged 45 years or
             over and having at least 15 years of professional experiences.
           - Possessing degree of higher education in the areas of law, administration, diplomacy or economy.

     • Term: 9 years
     • Reappointment
             Every three years, three members shall be renewed. One shall be appointed by the King, one elected by the
        Supreme Council of the Magistracy and one elected by the National Assembly for its first term, the Constitutional
        Council comprises 3 members assigned for a term of 3 years, 3 others for a term of 6 years, 3 others for a term of 9
        years. The King shall appoint a member for 3 years, a member for 6 years, a member for 9 years. The Supreme
        Council of the Magistracy shall elect a member for 3 years, a member for 6 years, a member for 9 years. The
        National Assembly shall elect a member for 3 years, a member for 6 years, a member for 9 years. A replacement for
        a member of the Constitutional Council whose mandate has a duration equal or less than three years, the substitute
        member can be reappointed or reelected for a new term.

     • The function of a member of the Constitutional Council is incompatible with all activities in civil services and offices as:
          - member of the government
          - member of the Senate. (This stipulation was not mentioned in the law on organization and functioning of the
            Constitution Council, because the law was promulgated before the institution of the Senate. The matter shall be
            amended later. )
          - member of the National Assembly
        - President or Vice-President of a political party
          - President or Vice-President of a trade-union
          - Judges in office
      Members of the Constitutional Council must not exercise any other function or profession during their mandate.

     • Immunities: Members of the Constitutional Council shall not be liable to civil or penal sanctions for decisions taken
        while fulfilling their functions of members of the Council.

     • Rank and prerogatives
          - The President of the Constitutional Council has rank and prerogatives equal to those of the President of the
             National Assembly.
          - The members of the Constitutional Council have rank and prerogatives equal to those of the Vice-President of the
             National Assembly.

     • Revocation
           The decision for the dismissal of any member of the Council shall be taken by a vote by 2/3 majority the whole
      members of the Council in closed door hearing with his/her presence. The Constitutional Council can dismiss any
      member whose activity is incompatible with his/ her function or who does not attend over 3 consecutive meetings
      without prior notification or can not fulfill his/her duties due to physical or mental disabilities.

PROCEDURE
     • Quorum: Minimum 7 out of 9
           Meetings of the Constitutional Council are valid only when, at least, 7 of its members participate on convocation
       of its President or, in case of his absence, on convocation of its eldest member. The convening and chairing the
       first meeting to elect the President of the Constitutional Council shall be made by the eldest member who has
       taken oath and has been present.

     • Rules of Procedure
          - Rules of procedure adopted by a majority of 2/3 of its whole members.
          - Members of the Constitutional Council shall be divided into 3 groups of 3 persons appointed or elected by the 3
             appointing authorities. The President shall appoint a reporting member of any group for each case.

     • Preliminary and plenary sessions
             The concerned group of the Constitutional Council shall discuss and analyze the point of view submitted by the
       reporting member. After complete debate the reporting member shall submit his/her report, even controversial, to the
       preliminary session scheduled by the President.
          - The preliminary session is a preparatory meeting to a decision in which each member expresses his/her opinion
             without adoption. In this session one may know tendencies, favorable or not, to the question examined.
          - The plenary session is the final phase in which the Constitutional Council shall issue the decision by absolute
             majority of the whole members. This plenary session could become a public hearing in some cases as stipulated in
             electoral law on choosing the Members of Parliament.
          - All the debates in the meeting shall be recorded in minutes by a team of Clerks led by Secretary General or
             Deputy Secretary General.

     • Secret of deliberations: Deliberation and vote shall be kept secret. They shall not express their opinions outside the
        meeting.

     • Validity of decisions:
           The Constitutional Council shall make decision by absolute majority of the members of the Council (5 votes)
       except for the adoption of the Internal Regulations and for dismissal of a member which shall take 2/3 majority of the
       votes of the whole members of the Council (6 votes).

     • The contradictory procedure is only used in the public hearing.

     • Means of defense: oral or written means.

     • All recourses lodged with the Constitutional Council are gratis.

(Non-official translation)

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