constituteproject.org
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7.
8.
9.
the first Presidents of the Courts of Appeal as well as the Attorneys
General at these courts;
the first Presidents of the Administrative Courts of Appeal and the
Attorneys General at these courts;
the Governors, and Vice Governors of the Province and the Provincial
Ministers.
10. the Presidents of the Provincial Assemblies.
• International law
The civil and military Courts and Tribunals apply the duly ratified international
treaties, the laws, [and] the regulatory acts, provided that they are in conformity
with the laws as well as customary [law] unless the latter is contrary to the public
order or to morality.
The organization, the functioning and the competences of the jurisdictions of the
judicial order are determined by an organic law.
Paragraph 3: Of the Jurisdictions of the Administrative
Order
• Establishment of administrative courts
• Structure of the courts
Article 154
An order of administrative jurisdictions is instituted composed of the Council of
State and of the Administrative Courts and Tribunals.
• Ultra-vires administrative actions
Article 155
Without prejudice to the other competences which are assigned to it by the
Constitution or the law, the Council of State takes cognizance of in first and last
resort, the recourses for violation of the law, brought against the acts, regulations
and decisions of the central administrative authorities.
It takes cognizance [,] on appeal[,]of the recourses against the decisions of the
Administrative Courts of Appeal.
It takes cognizance, in the cases where no other competent jurisdictions exist, of the
claims for indemnity concerning the reparation of an exceptional damage, material
or moral, resulting from a measure taken or ordered by the authorities of the
Republic. It decides, in equity, taking into account all circumstances of public or
private interest.
The organization, the competence and the functioning of the jurisdictions of the
administrative order are established by an organic law.
Paragraph 4: Of the Military Jurisdictions
Article 156
The military jurisdictions take cognizance of the infractions committed by the
members of the Armed Forces and by the National Police.
Congo (Democratic Republic of the) 2005 (rev. 2011)
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