Council of State (Senegal)

The Council of State is an public institution of the legal system Senegal board, presenting similarities with the Council of State French.

It is the privileged adviser of the Government relative to the bills, decree projects and private bills, but also the recourse of the citizen vis-a-vis the administration.

Its current President (2007) is Mohamed Sonko.

History

The organization of the Council of State, its competences and its procedure rules are fixed by the law n° 96-30 of October 21st, 1996 abrogeant and replacing the law n° 92-24 of May 30th, 1992, promulgated at the time of the removal of the Supreme court, then divided into three specialized jurisdictions.

Organization

The jurisdictional formations of the Council of State are on the one hand the Sections - which are two - and on the other hand the joined together Sections.

The First Section has to rule on the litigations concerning the inscriptions on the electoral rolls, the legality of the acts of the local government agencies and the proceedings for annulment for abuse of power.

The Second Section plays the same part as the Court of Auditors in France, from which it recently took again name.

The joined together Sections include/understand the Presidents of Section, the Advisers of State and the Public auditors and are chaired by the President of the Council of State.

The two Sections sit at three magistrates at least.

Competences

The Council of State joins together two types of competences:

Advisory attributions

To advise Government, it is consulted on the bills, decree projects and private bills and delivers an opinion an opinion reasoned on the legality of these texts, without carrying appreciation on the aims in view. Its opinion is also necessary in the event of difficulties appeared out of administrative matter and in all the cases envisaged by legislative measures or lawful.

Jurisdictional attributions

The First Section is qualified as regards dispute relating to the inscriptions on the electoral rolls, of control of the legality of the acts of the local government agencies and of appeal to the Supreme Court directed against the decisions returned in last spring by the Courses of Call and the administrative matter courts, except those which concern the Court of appeal expressly. The Second Section - or Court of Auditors - day before with the regularity of the public accounts and those of the companies and organizations of the parapublic sector. Competences of the joined together Sections relate to the appeal to the Supreme Court against the decisions of the budgetary Court of discipline and the administrative organizations in jurisdictional matter, the demands for reduction of stop, the requests in correction of material error, like unquestionable appeal to the Supreme Court.

See too

Political of Senegal
Senegalese Right

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