The Supreme Court is composed of five full members and two supply members.
The members are appointed by the Prince, for a term of four years, on the proposal of the National Council, the Council of State, the Crown Council, the court of appeal and the court of first instance.
The appointment of the members of the Supreme Court is pronounced by Sovereign Order, which also designates, from the said members, the president of the court as well as the vice-president entrusted with the temporary replacement of the latter if he is absent or indisposed.
Article 2 of Sovereign Order n° 2.984 of 16th April 1963 mentioned herein before, sets out that such members must be aged at least 40 and be “chosen amongst particularly competent jurists”. In practice, the interested parties are either eminent professors of public law, or French high magistrates from the Council of State of the Court of Cassation.
The Supreme Court is called to give rulings on proceedings for annulment for ultra vires action taken against decisions from various administrative authorities and Sovereign Orders made for the implementation of laws, as well as the granting of compensation which result.
Judicial review proceedings brought against the final decisions of administrative courts;
- interpretation remedies and appreciation of validity of the decisions of various administrative authorities and of Sovereign Orders made for the implementation of laws; conflicts of jurisdiction.
Referring to article 91 of the Constitution, the Supreme Court meets, either in plenary assembly, or in administrative section.
Plenary assembly includes the five regular members of the tribunal. In case of absence of obstacle, the President supplements the Court by calling one or two supply members.
The administrative section is composed of three full members of the Supreme Court indicated every year by the President. When the President of the Supreme Court or his Vice-President is not in the composition of the administrative section, the presidency is assured by seniority of functions.
In case of obstacle of an indicated member, his replacement is assured, for the duration of this obstacle, by a full or a deputy member indicated by the President of the Court.
The dismissal in the plenary assembly of an affair recovering from the administrative section is ordered by prescription of the president of the Supreme Court, either its own initiative, or to addressed to him by the public prosecutor in accordance with the article 21.
This dismissal can be decided by the administrative section after reading of the report.
Annulment and compensation, cassation.
In constitutional matters, the Supreme Court gives rulings over proceedings for annulment, through the determination of validity and action for compensation concerning an infringement on constitutional rights and freedom, resulting primarily from the law, i.e. the legislative text setting out, according to the terms of article 66 of the Constitution, the meeting of the minds of the Prince and the National Council.
Decisions of the Supreme Court are subject to appeal by third-party proceedings but no other means of redress is accepted.
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