|Name:||Decree-Law No. 38 of 2012 amending some provisions of Decree-Law No. 27 of 2002 concerning establishing the Constitutional Court.|
|Type of legislation:||Constitution|
|Entry into force:|
|Published on:||Al-Jarida Al-Rasmiya, 2012-08-16, No. 3065, P. 7 - P. 8
|Bibliography:||Al-Jarida Al-Rasmiya, 2012-08-16, No. 3065, P. 7 - P. 8
Legislation on-line in Arabic Bahrain Legislation & Legal opinion commission online, Manama, Bahrain PDF in Arabic (consulted on 2013-02-26)
|Abstract/Citation:||Article 1: The text of articles 2, 3 and 7 paragraph 2 of the Decree-by-Law No. 27 for the year 2002 regarding establishing the Constitutional Court shall be replaced with the following provisions:-
"Article 1: In applying the provisions of this Law, the word "court" denotes the "Constitutional Court"; in other words "court member", "court chairman", deputy chairman and members of the court".
"Article 3: The court shall comprise a chairman, deputy chairman and five members appointed under a Royal Ordinance to succeed him for a term of five years renewable once. In the event of the absence of the chairman or his having an obstruction, he would be replaced by the deputy chairman who will have the same jurisdiction and powers assigned to the chairman. If the position of the court chairman or deputy chairman or one of the court members becomes vacant as a result of his resignation, demise, health inability or for any other reason, a replacement for him shall be appointed under Royal Ordinance to succeed him for a term of five years renewable once".
"Article 7: The General Assembly shall be presided over by the court chairman and in the event of his absence or his having any obstruction, the chairmanship shall be assigned to the deputy chairman then to next court member according to their serial order in the Royal Ordinance which appointed them".
Article 2: A new article shall be added to the Decree-by-Law NO. 27 for the year 2002 regarding the establishing of the Constitutional Court under number 8 ditto according to the following text:
"Article 8 ditto: The court shall have its own independent annual budget which commences with the beginning of the official financial year and ends by the end thereof.
The court chairman shall prepare in agreement with the Minister of Finance the bill of the budget before the beginning of the financial year by sufficient time and in preparing the bill of the budget should observe the listing of revenues and expenditures in one figure and submit the proposed budget to the Finance Minister.
After endorsement of the public budget, the court chairman, in coordination with the Finance Minister, shall distribute the total allocations to the court budget on the basis of the classification stated in the state's public budget.
The court chairman shall assume the powers assigned to the Finance Minister in laws and regulations pertaining to implementation of the court budget within the confines of the allocations listed therein.
Also, the court chairman shall assume the powers assigned to the Civil Service Bureau.
The court shall deposit the excess financial allocations which have not been expended or which have not been complied with during the ending financial year into the state's public budget.
The court chairman shall prepare the final account for the court's budget on prescribed timing and refers it the Finance Minister who would list it into the final account of the state's public budget.".