Burkina Faso

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
28. 04. 2021 No. 2021-013/CC Constitutional Council Right to negotiate and conclude international agreements Claim upheld Burkina Faso concluded an agreement with IFAD (International Fund for Agricultural Development). The financing agreement was a loan granted to Burkina. To assess the conformity of such an agreement with the Constitution, the Prime Minister requested that the Constitutional Council conduct a review. The Constitutional Council upheld the claim and declared the agreement constitutional. It also indicated that the agreement will be binding on the country once ratified and published in the Official Gazette. The Council also noted that the agreement was concluded for one purpose: to fund Burkina Faso's response to the challenges of Covid-19, Conflict and Climate Change (a SD3C Programme in which the country was a part). After examining the provisions of the agreement, the Council declared it to be in conformity with the Constitution. https://www.conseil-constitutionnel.gov.bf/fileadmin/user_upload/decision_n___2021-013_cc_sur_la_conformite_a_la_constitution_de_l_accord_de_financement_n___2000003650.pdf   https://www.covid19litigation.org/case-index/burkina-faso-constitutional-council-no-2021-013cc-2021-04-28  
23. 02. 2021 No. 2021-007/CC Constitutional Council Right to negotiate and conclude international agreements Claim upheld Burkina Faso and IDA concluded an agreement to support the country’s readiness and response actions. One month after the conclusion of the agreement and with the aim to avoid conflicts with the Constitution, the Prime Minister referred it to the Constitutional Council for review. The Council relied on the provisions of the Constitution, its Rules of procedure, the letter introducing the petition, and the funding agreement to issue its judgment. The Constitutional Council declared the petition valid under the Constitution. The Council also found that all the provisions of the agreement were in conformity with the Constitution. https://www.conseil-constitutionnel.gov.bf/fileadmin/user_upload/decision_2021-007_cc_sur_la_conformite_a_la_constitution_de_l_accord_de_financement_compose_du_credit_n___6799-bf_et_du_don_n___d746-bf.pdf   https://www.covid19litigation.org/case-index/burkina-faso-constitutional-council-no-2021-007cc-2021-02-23  
13. 11. 2020 No. 2020-028/CC Constitutional Council Right to negotiate and conclude international agreements Claim upheld Burkina Faso signed a funding agreement with the ADF (African Development Fund). This agreement aimed to support the G5 Sahel countries in implementing their COVID-19 response plans. To assess the conformity of the provisions of the agreement with the Constitution (before ratification and publication), the Prime Minister Deferred it to the Constitutional Council. The Council considered the Constitution of Burkina, the letter introducing the petition, its rules of procedure, the provisions of the funding agreement to receive the petition, and to declare the agreement was in conformity with the Constitution. The Constitutional Council ruled that the financing agreement is constitutional. None of the provisions was contrary to the Constitution. Therefore, the agreement is binding on the country once ratified and promulgated. https://www.conseil-constitutionnel.gov.bf/fileadmin/user_upload/decision_2020-028.pdf   https://www.covid19litigation.org/case-index/burkina-faso-constitutional-council-no-2020-028cc-2020-11-13  
06. 10. 2020 No.2020-016/CC Constitutional Council Right to negotiate and conclude international agreements Claim upheld Burkina Faso signed an aggrement with the ADF (African Development Fund) to provide a loan to the country. To assess the conformity of the provisions of the loan with the Constitution, the Prime Minister petitioned the Constitutional Council in September 2020. After validating the request, the Constitutional Council found that the agreement was constitutional and nothing prevented its ratification. As regards the rule of law, the Council indicated that, according to its rules of procedure, if a petition is submitted under the urgency procedure, the Council must take a decision within eight days. This rule was complied with when the Council took its decision within this time limit. https://www.conseil-constitutionnel.gov.bf/fileadmin/user_upload/decision_2020-016.pdf   https://www.covid19litigation.org/case-index/burkina-faso-constitutional-council-no2020-016cc-2020-10-06  
29. 05. 2020 No. 2020-004/CC Constitutional Council International agreement Claim upheld A financing agreement has been signed between Burkina Faso and the International Development Association (IDA) under the COVID-19 response. The financing agreement included loans and grants. The Prime Minister has submitted an emergency petition to the Constitutional Council to assess the constitutionality of the financing agreement. For the Constitutional Council, the financing agreement between Burkina Faso and the International Development Association was in line with the Constitution. https://www.conseil-constitutionnel.gov.bf/juriste-prudence-1/decisions-et-avis-2020   https://www.covid19litigation.org/case-index/burkina-faso-constitutional-council-no-2020-004cc-2020-05-29