Date of publication:
07/07/2025
Chad
Please describe the system for the application of international law in the state.
The monist system is the adopted system for application of international law. In Article 277 of the Constitution, it is stated that international treaties and agreements are superior to domestic law as soon as their publication, subject to the application of the treaty by the other party.
Furthermore, in the event that the Constitutional Court deems that there is a contradiction between an international text and the Constitution, the Constitution must first be revised before the international text can be ratified or approved (Article 276).
The President of the Republic is the person who negotiates and ratifies treaties and international agreements (article 274). However, in certain cases, the President can ratify an international text only after the Parliament’s authorization. This is the case for treaties of peace, defense, commerce, and those related to the use of national territory or the exploitation of natural resources, agreements related to international organization, those engaging state finances, or those concerning personal status (article 275).
Revision of the Constitution may be initiated by the President of the Republic or members of the Parliament (Article 280). The revision is adopted by a three-quarters majority of the Parliament. The revision can also be approved by a referendum (Article 281). Some provisions of the Constitution cannot be changed (article 282). Indeed, if the Constitution’s revision undermines the integrity of the territory, the independence, or the national unity, the republican form of the State, the principle of the separation of powers, and secularism, the freedoms and fundamental rights of citizens, or political pluralism, then the revision procedure can not be initiated.