Title: Presidential election in Senegal: the postponement canceled by the Constitutional Council, what consequences?
Introduction :
On Thursday, February 15, the Constitutional Council of Senegal issued a major decision by declaring the postponement of the presidential election unconstitutional. This decision has significant repercussions on the electoral process and provokes strong reactions in the country. In this article, we will decipher the various points raised by the Constitutional Council and analyze the consequences of this cancellation.
1. Competence of the Constitutional Council:
The first point to emphasize is the competence of the Constitutional Council in this matter. The latter affirmed its full jurisdiction in electoral matters, which allows it to rule on appeals filed against the constitutional law and the presidential decree. This assertion reinforces the important role of this institution in preserving the legality of elections.
2. The law passed is contrary to the Constitution:
The Constitutional Council concluded that the law on the postponement of the presidential election is contrary to two articles of the Senegalese Constitution. On the one hand, article 27 which defines the duration and number of presidential mandates. On the other hand, article 10.3 which stipulates that the republican form of the State, the method of election, the duration and the number of mandates cannot be subject to revision. This decision underlines the importance of respecting constitutional principles to guarantee the stability of institutions.
3. Election deadline:
Another consequence of the cancellation of the postponement is the setting of a new date for the presidential election. The Constitutional Council recalled that the election cannot take place beyond the duration of the presidential mandate. Thus, the mandate of President Macky Sall expires on April 2, the election must be organized before this date. This puts additional pressure on the authorities to ensure that the electoral process is organized as quickly as possible.
4. Organization of the election:
Finally, the Constitutional Council asks the authorities to put in place the necessary conditions to organize the presidential election “as soon as possible”. This new situation involves reviewing the entire electoral organization, from the voter census to the establishment of polling stations. Political parties will also have to adjust their strategy to adapt to this change in calendar. This situation adds a dimension of uncertainty and tension to the pre-election period.
Conclusion :
The cancellation of the postponement of the presidential election by the Constitutional Council of Senegal has serious consequences for the electoral process. The authorities must quickly reorganize the election in compliance with constitutional principles and in a climate of transparency and fairness.. This decision also underlines the importance of the role of the Constitutional Council in respecting the legality and stability of institutions.