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Administrative law of Cameroon

Administrative law of Cameroon

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Administrative law of Cameroon

  1. 1. ADMINISTRATIVE LAW OF CAMEROON Presented by: Mongoue Yangop & Tchuidjeu Blondelle Group: EO-204i
  2. 2. CONTENT I. DEFINITION OF ADMINISTRATIVE LAW II. THE DIFFERENT POWERS ACCORDING TO THE CONSTITUTION OF CAMEROON AND THEIR ROLE 1. Executive power 2. Legislative power 3. judicial power III. COMPOSITION AND JURISDICTION OF THE SUPREME COURT ADMINISTRATIVE CHAMBER 1. Composition 2. Competence of administrative jurisdiction a. Administrative litigation relating to materials listed by law b. Administrative litigation relating to the matters listed by the constitution of January 18, 1996 IV. THE SUBMISSION OF THE ADMINISTRATION TO JURISDICTIONAL CONTROL 1.The bodies and procedures for the judicial control of administrative action a. the bodies responsible for legal control b. Control procedures
  3. 3. I. DEFINITION OF ADMINISTRATIVE LAW There is a great difference of opinion regarding the definition of the concept of administrative law. It is because of the considerable increase in the administrative process that it is impossible to attempt a precise definition of administrative law which can cover the whole range of the administrative process. We must therefore expect differences in scope and emphasis when defining administrative law. This is true not only because of the divergence of the administrative process within a given country, but also because of the divergence of the scope of the subject in continental legal systems. However, two important facts must be taken into account in trying to understand and define administrative law. First, administrative law is primarily concerned with the manner in which government power is exercised. The decision-making process is more important than the decision itself. Second, administrative law cannot be fully defined without due regard to the functional approach. This means that the function (object) of administrative law should be the underlying element of any definition. The ultimate goal of administrative law is to control the exercise of government power. The "control aspect" implicitly sheds some light on the other elements of its definition. In light of these two factors, let us now try to analyze certain definitions given by academics and administrative lawyers.
  4. 4. Austin has defined administrative law, as the law which determines the ends and modes to which the sovereign power shall be exercised. In his view, the sovereign power shall be exercised either directly by the monarch or indirectly by the subordinate political superiors to whom portions of those powers are delegated or committed in trust. Schwartz has defined administrative law as “the law applicable to those administrative agencies, which possess delegated legislation and adjudicative authority.’This definition is a narrower one. Among other things, it is silent as to the control mechanisms and those remedies available to parties affected by an administrative action. Massey gives a wider and working definition of administrative law in the following way. “ Administrative law is that branch of public law which deals with the organization and powers of administrative and quasi administrative agencies and prescribes the principles and rules by which an official action is reached and reviewed in relation to individual liberty and freedom”
  5. 5. II. THE DIFFERENT POWERS ACCORDING TO THE CONSTITUTION OF CAMEROON AND THEIR ROLE 1. Executive power Executive power is exercised by the President of the Republic and the Government. Head of State: The current president is Paul Biya in office since November 6, 1982. The President of the Republic is elected by direct, equal and secret universal suffrage, by a majority of the votes cast. He is elected for a re-eligible seven-year term (article 6 al 2 of the new const 14 April). Head of Government: The current Prime Minister is Joseph Dion Ngute. It is the President of the Republic who appoints the Prime Minister and, on the latter's proposal, the other members of the Government (Article 10). The Government implements the policy of the Nation as defined by the President of the Republic.
  6. 6. II. THE DIFFERENT POWERS ACCORDING TO THE CONSTITUTION OF CAMEROON AND THEIR ROLE(continuous) 2. Legislative power Legislative power is exercised by two chambers: a National Assembly and a Senate. The National Assembly is composed of 180 deputies elected by direct and secret universal suffrage for a five-year term (article 15). The President of the National Assembly has been Mr. Cavayé Yeguié Djibril since March 1992. The constitution provides for a Senate representing decentralized local authorities with each region represented by ten senators, seven of whom are elected by indirect universal suffrage on the regional basis and three appointed by the President of the Republic (article 20). This Senate was created in April 2013.
  7. 7. II. THE DIFFERENT POWERS ACCORDING TO THE CONSTITUTION OF CAMEROON AND THEIR ROLE(continuous) 3. Legal authority/judicial power There are separate judicial and administrative courts (Articles 39 and 40). The rule of the double degree of jurisdiction is provided for in the Constitution and ensured by Courts of first, and of great authority and Courts of appeal. Cassation appeals are examined by the Supreme Court, both in civil and administrative matters (Article 38). Since a presidential decree of April 1997, offenses committed in a military establishment and those committed using firearms or war, in particular cases of organized crime and organized crime, fall under the jurisdiction of the military courts. These judgments can be appealed before the courts
  8. 8. III. COMPOSITION AND JURISDICTION OF THE SUPREME COURT ADMINISTRATIVE CHAMBER In Cameroon, the court responsible for hearing administrative disputes is the supreme court particularly entrusted to one of these chambers called the administrative chamber. 1. COMPOSITION The administrative jurisdiction has two bodies:  The CS / EA administrative chamber which judges at first instance or for the first time  The first CS / AP assembly which judges as a last resort and constitutes the place of appeal The composition of the supreme court ruling in administrative matters is homogeneous, includes only magistrates of the legal order, that is to say magistrates of ordinary courts (those who judge private individuals before the courts of first instance and small courts)
  9. 9. III. COMPOSITION AND COMPETENCE OF THE SUPREME COURT ADMINISTRATIVE CHAMBER(continuous) The administrative chamber is composed as follows:  A council of the titular or suppliant supreme court (president) assisted by two magistrates chosen among the magistrates of the seats of the courts in the courts.  The general processor near the supreme court or the substitute lawyer  A clerk The plenary assembly includes:  5 magistrates of the court except those of them who would have participated in the judgment of the case for the first time before the CS / CA (supreme court)  The Attorney General or Advocate General near the Supreme Court, or a substitute for the general processor  The chief clerk of the supreme court in a clerk of the said court.
  10. 10. III. COMPOSITION AND JURISDICTION OF THE SUPREME COURT ADMINISTRATIVE CHAMBER(continuous) 2. COMPETENCE OF ADMINISTRATIVE JURISDICTION The problem of territorial jurisdiction of the Supreme Court poses no difficulty given that the seat is in Yaoundé (capital of Cameroon) and therefore the jurisdiction covers the territory of the Republic of Cameroon. As for its rational and material competence, it has two parts. a. Administrative litigation relating to materials listed by law These include:  Actions for annulment for excess of power: formal, procedural, incompetence of the authority, violation of the law by the authority, misuse of power by the authority.  Actions to compensate for damage caused by an administrative act  Disputes concerning administrative contracts or concessions from public services  Public damage litigation
  11. 11. III. COMPOSITION AND JURISDICTION OF THE SUPREME COURT ADMINISTRATIVE CHAMBER(continuous) b. Administrative litigation relating to the matters listed by the constitution of January 18, 1996 The administrative chamber:  Knows all of the administrative litigation of the state and other public authorities  Knows on appeal the litigation of regional and municipal elections  Sovereignly rules on decisions rendered as a last resort by decisions rendered as a last resort by lower courts in matters of administrative litigation.  Knows of any other matter expressly assigned to it by law
  12. 12. IV. THE SUBMISSION OF THE ADMINISTRATION TO JURISDICTIONAL CONTROL 1. The bodies and procedures for the judicial control of administrative action a. The bodies responsible for legal control National courts  The administrative judge: ordinary judge of the administration;  The judicial judge: litigation of assault and control;  The constitutional judge: litigation relating to acts relating to elections, Supranational courts  The OHADA common court of justice and arbitration;  The CEMAC court of justice  The African Union Human Rights Court
  13. 13. IV. THE SUBMISSION OF THE ADMINISTRATION TO JURISDICTIONAL CONTROL(continuous) b. Control procedures Control of legality  Recourse for annulment or recourse for excess of power  Recourse in interpretation of legality Liability control  Liability for fault  Liability without fault
  14. 14. THANK YOU FOR YOUR ATTENTION!!! Presented by: Mongoue Yangop & Tchuidjeu Blondelle Group: EO-204i

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