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Name
of the institution : Administrative Chamber of the Supreme
Court
President
:
Mr Grégoire ALAYE
Address
:
With the authority of Mr Saliou ABOUDOU, president of the
Suprem Court
Post Office box 330
Cotonou
REPUBLIC OF BENIN
Phone number :
(229) 31.31.05 (Court)
(229) 31.50.47 (Court)
(229) 31.26.82 (direct telephone
line)
(229) 31.48.88 (Presidency of the
Supreme Court)
(229) 31.29.84 (Presidency of the
Administrative Chamber)
Fax :
(229) 31.54.92
E-mail :
coursupreme@planben.intnet.bj |
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Composition
and structure
Number of
members :
The
President, three Councillors, four Assistants, the Attorney General,
Recruitment procedures and incompatibilities :
Recruiting : High level magistrates and lawyers with fifteen years
of experience at least ; appointment by decree signed, in the Council
of ministers, by the President of the Republic upon a proposal by
the President of the Supreme Court, and on the advice of the High
Council of the Judiciary.
Incompatibilities : the members of the Chamber cannot belong to
the Government, nor have any electoral mandate, nor be barrister,
law official or auxiliary of Justice, nor have any other private
profession.
Any other public activity must be authorized by the President of
the Supreme Court.
Internal organization :
Three magistrates sit in the Chamber.
The periodicity of the sessions is set down by an order of the President
of the Supreme Court. The sessions are public except for hearings
in camera ex officio, or if requested by the the Attorney General.
Publications
(yearly reports, reviews... ) :
Half-yearly bulletin containing the judgments of the Court ; the
publication has been interrupted for several years but it has started
again.
Yearly activity report.
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Court
functions
Jurisdiction
:
Administrative disputes: recourse for action ultra vires, recourse
for interpretation and appreciation of legality, litigations concerning
full contentious matters implicating a public law corporation, litigations
concerning local elections.
Organization
of the courts system :
The Administrative Chamber is the ordinary judge in first and last
instance for administrative matters.
It is judge
of appeal of all decisions taken in first resort by administrative
bodies having a jurisdictional function. These very rulings of the
Administrative Chamber may be reviewed (" cassation ") by the plenary
Assembly of the Supreme Court.
Powers
of the judge (annulment, reversal, compensation ...) :
Annulment and compensation.
The decisions
of the Court are not subject to any challenge. They are compulsory
towards the executive, the legislature and the judiciary.
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Advisory
functions
Existence
and extent of an advisory authority :
According to article 132 of the Constitution, the Supreme Court
is consulted by the Government generally on every administrative
and jurisdictional matter.
The Supreme
Court can be charged, on the request of the Head of State, with
the drafting or the amending of any legislative text or regulation
before their discussion by the National Assembly. The advices are
not public and they are not binding on the administrative authority.
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