### The Congolese Constitutional Court: a record after a decade of existence
On April 4, 2025, the Constitutional Court of the Democratic Republic of Congo (DRC) will celebrate its 10 years of existence. An event that invites you to reflect on the crucial role that this institution plays in the country’s legal and political landscape. Through a conference-debate and various testimonies, including that of the president of the court, Dieudonné Kamuleta, it will be a question of assessing the successes and challenges encountered, by emphasizing the principles of democracy and law of law.
### The function of the Constitutional Court
Established by the 2006 Constitution, the Constitutional Court’s main mission is to guarantee the conformity of the acts of the public authorities to constitutional standards. It is sometimes perceived as the guardian of the fundamental rights of citizens and democratic principles. Its role is particularly distinguished within the framework of the treatment of electoral disputes, the regulation of relationships between institutions, and the interpretation of laws.
As the only criminal judge of the President of the Republic and the Prime Minister, the Court is part of an institutional scheme where independence and impartiality are essential to maintain the balance between the different branches of the government. This raises important questions: is this independence actually respected? Does the high court exercise its power without external pressure, especially political?
#### Advance in case law
In the past decade, the Court has produced jurisprudence which deserves to be examined closely. Certain significant decisions have contributed to clarifying ambiguous points of the Constitution, while supporting the effectiveness of civil and political rights. However, the appreciation of this case law largely depends on the look that every citizen and political actor relates to the institution.
Experts in law and observers of political life raise questions about the interpretation strategy adopted by the Court. Sometimes the risk of seeing the institution taken up for political ends – whatever the power in place – can harm its perception as an impartial organ. How can the Court, in such a complex context, affirm its role as defender of democratic values in the face of significant political challenges?
### Democracy and the rule of law in practice
The link between the Constitutional Court, democracy and the rule of law cannot be taken lightly. A healthy democracy is based on solid institutions that respect and protect the rights of citizens. The question that arises here is that of putting these ideals into practice in the Congolese daily life.
By examining the testimonies and experiences of civil society actors, we see that many challenges persist. Political hesitations, intimidation attempts against judges or fears relating to political influence on justice are not uncommon. What can institutional actors do to strengthen public confidence in the court’s ability to play its role independently?
#### towards a better understanding of rights and duties
To move forward, it is essential to strengthen public awareness on the function of the Constitutional Court and on the rights and duties of citizens. The initiative to celebrate the 10 years of the Court should not be just a simple commemoration, but must serve as a springboard to initiate a constructive dialogue around these themes. This includes a reflection on how the Court can engage even more in civic education, thus allowing Congolese to better understand their rights and the means of asserting them.
#### Conclusion
The celebration of the 10 years of the Congolese Constitutional Court offers a unique opportunity for all the actors of society to question themselves about the current state of democracy and the rule of law in the DRC. Through the assessment of this institution, we can consider avenues for improvement, encourage an open dialogue on its role and function, and ultimately, build a more harmonious future for all Congolese. Vigilance, commitment and critical reflection will be essential pillars to advance these ideals.