Judiciary of Somalia

The judiciary of Somalia is defined by the Provisional Constitution of the Federal Republic of Somalia. It stipulates that the national court structure is to be organized into three tiers: the Constitutional Court, Federal Government level courts, and Federal Member State level courts. A future nine-member Judicial Service Commission is empowered to appoint any federal tier member of the judiciary. It also selects and presents potential Constitutional Court judges to the House of the People of the Federal Parliament for approval. If endorsed, the President then appoints the candidate as a judge of the Constitutional Court. The five-member Constitutional Court is likewise empowered to adjudicate issues pertaining to the constitution, in addition to various federal and sub-national matters.

As of 2014, pending the adoption of new legislation, the pre-civil war judicial structure, courts and laws are in the process of being reformed to be applicable in Somalia's new federal system. In May 2014, the Council of Ministers approved a new Constitutional Review and Implementation Commission. Additionally, the Somali Bar Association has recommended that several federal and regional courts should be established to handle cases on a provincial basis. In this capacity, new local courts have been set up in areas that have been re-captured by the central government. In June 2014, the Minister of Justice and Constitutional Affairs Farah Sheikh Abdulkadir also announced that the Federal Parliament had approved a new law establishing the Judicial Service Commission. As part of a broader effort at reforming the judiciary, the office of the Attorney General also hired six additional women lawyers in April 2015. They are among 17 new attorneys attached to the office within the Ministry of Justice.

According to Article 105 of the constitution, the courts have judicial authority. The judicial structure is, in turn, regulated by a parliamentary law.

Article 106 establishes the functional independence of the judiciary from the federal government's other executive and legislative branches, subject only to the law.

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