Alors que certains responsables du régime en place évoquent de plus en plus l’hypothèse d’une suppression de l’actuel Conseil  constitutionnel au cas où ses membres refuseraient d’entériner les propositions du dialogue national que le président de la République a initié le 26 et 27 février dernier, le professeur Ndiogou Sarr spécialiste du Droit constitutionnel apporte son éclairage.

Interpellé par Sud quotidien, l’enseignant-chercheur en Droit public à la Faculté des Sciences juridiques et politiques de l’université Cheikh Anta Diop de Dakar, bien que soulignant que la Constitution confère au chef de l’Etat le pouvoir constituant, a toutefois précisé que ce dernier « ne peut ni révoquer le mandat des membres du Conseil encore moins supprimer cette institution ».

Selon lui, la seule possibilité prévue par la loi, c’est le remplacement du Conseil constitutionnel par une Cour constitutionnelle qui ne va pas anéantir les décisions prises par l’actuel Conseil constitutionnel.

Le président de la République va-t-il poursuivre son bras de fer avec le Conseil constitutionnel autour de la poursuite du processus électoral en cours jusqu’à procéder à la dissolution de cette haute juridiction au cas où ce dernier refuserait d’entériner les propositions du dialogue national qu’il a initié le 26 et 27 février dernier ?

La question mérite bien d’être posée si on s’en tient aux déclarations de certains responsables de la coalition au pouvoir.  

En effet, alors que le Sénégal s’enfonce dans une crise institutionnelle à cause du refus de leur mentor, Macky Sall d’appliquer la décision prise par cette juridiction le15 février dernier, lui demandant de fixer par décret la nouvelle date de l’élection présidentielle initialement prévue le 25 février dernier avant la fin de son mandat le 2 avril prochain, certains de ses partisans évoquent de plus en plus l’hypothèse d’une dissolution du Conseil constitutionnel.

Interpellé sur les conditions prévues pour supprimer cette institution, l’Enseignant chercheur en Droit constitutionnel à l’université Cheikh Anta Diop de Dakar, bien que soulignant que la Constitution confère au chef de l’Etat le pouvoir constituant qui lui permet de proposer des révisions constitutionnelles, a précisé toutefois que ce dernier « ne peut ni révoquer le mandat des membres du Conseil encore moins procéder à la suppression de cette institution».

Poursuivant son propos, le professeur Ndiogou Sarr soutient que la seule voie par laquelle le chef de l’Etat peut passer pour mettre fin à la mission de l’actuel Conseil constitutionnel, c’est de le remplacer par une Cour constitutionnelle. « Le président de la République a des pouvoirs que la Constitution lui confère et parmi ceux-ci, il y a le pouvoir constituant.

Autrement dit, le pouvoir de proposer une réforme constitutionnelle à chaque fois qu’il estime que c’est nécessaire par voie parlementaire ou référendaire », a-t-il d’emblée souligné.

Dans la foulée, il a fait remarquer que « La seule possibilité est de dire, on prend un projet de loi de réforme de la Constitution qui met en place une Cour constitutionnelle qui va avoir la même mission de l’actuel Conseil constitutionnel.

Et si ce texte est voté par sa majorité parlementaire, naturellement, la conséquence est que l’actuel Conseil constitutionnel va disparaitre en emportant tous ses membres pour laisser la place à une Cour constitutionnelle. Mais sans cette procédure, il ne peut ni révoquer le mandat des membres actuels du Conseil encore moins procéder à sa suppression».

Loin de s’en tenir-là, l’enseignant-chercheur en Droit public à la Faculté des Sciences juridiques et politiques de l’Université Cheikh Anta Diop de Dakar a également tenu à préciser que la mise en place de cette Cour constitutionnelle ne va pas impacter les décisions déjà prises par le Conseil constitutionnel.

« La mise en place de cette Cour constitutionnelle ne va pas anéantir les décisions prises par l’actuel Conseil constitutionnel, notamment celle relative à la poursuite du processus électoral. La décision du 15 février dernier est une décision de justice et elle est exécutoire et s’impose à tout le monde.

En cas de remplacement du Conseil constitutionnel, ses décisions qui sont déjà prises restent valables et la Cour constitutionnelle qui va venir ne pourrait pas ignorer ces décisions parce que les candidats retenus ont un droit acquis fort d’une décision de justice qui est irrévocable ».

sudquotidien

Part.

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