La notification d’un décret du Président de la République au Conseil constitutionnel n’est pas une voie de saisine dudit conseil prévue par la loi. Elle n’est prévue ni par la constitution ni par la loi organique relative au Conseil constitutionnel.
Les décisions du Conseil constitutionnel ne sont susceptibles d’aucune voie de recours. Elles s’imposent aux pouvoirs publics et à toutes les autorités administratives et juridictionnelles. (art 92 constitution sénégalaise). En choisissant la date du 31 mars pour la tenue de l’élection présidentielle, dans sa décision N 5lEl2024, le Conseil Constitutionnel a pris une décision définitive.
Il s’y ajoute que la procédure devant le Conseil constitutionnel n’est pas contradictoire. (Article 14 loi organique portant CC). La notification d’un décret ne peut en aucune manière installer un processus contradictoire permettant d’apprécier les deux dates.
En écrivant ce communiqué en date du 7 mars 2024, le Conseil constitutionnel prend le contrepied de ses propres décisions.
En remplaçant la date du 31 mars qui a été retenue dans la décision N 5lEl2024
par la date du 24 mars, le Conseil constitutionnel a pris une décision matérialisée dans un communiqué. Or la loi organique relative au Conseil constitutionnel en son article 24 dispose que : « Le Conseil constitutionnel rend, en toute matière, des décisions motivées. ». Or un communiqué ne peut pas suppléer une décision.
Un communiqué ne peut pas non plus être publié au journal officiel. Or d’après l’art. 25 de la loi organique relative au Conseil constitutionnel: « Les décisions du Conseil constitutionnel sont publiées au Journal officiel. »
Par cet acte, le Conseil constitutionnel vient de rejoindre le Président de la République dans le non-respect des pertinentes dispositions des lois de notre République.
Thierno Bocoum
Juriste- Ancien parlementaire
Président AGIR
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