Burundi’s Constitution of 2005
Judicial Independence
Article 209. The judicial power is impartial and independent of legislative or executive power. In the exercise of its functions, the judge may not submit to any authority other than the Constitution and the law. The President of the Republic, Head of State, is responsible for the independence of the Magistracy. The Superior Council of the Magistracy assists the President in this mission.
Judicial Council or Parallel Institution
Article 210. The Superior Council of the Magistracy watches over the proper administration of the Justice. It is responsible for the independence of the seated magistrates to exercise of their functions. Article 211. The Superior Council of the Magistracy is the highest disciplinary instance of the Magistracy. It recognizes the complaints of individuals or the Ombudsman concerning the professional conduct of the Magistrates as well as the recourses for the Magistrates against the disciplinary measures or claims concerning their career. Article 212. A magistrate may only be dismissed for a professional fault or incompetence, and only by proposition of the Superior Council of the Magistracy. Article 213. The Superior Council of the Magistracy assists the President of the Republic and the Government in: 1. The elaboration of policy on the matter of justice; 2. The following of the situation of the country in the judicial and human rights domain; 3. The elaboration of the strategies against impunity.