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Name of the institution : Council
of State
President
:
Mrs Haridiata DAKOURE-SERE
Address
:
Council of State
01 Post office box 586
Ouagadougou 01
BURKINA FASO
Phone number :
(226) 31.73.20
(226) 30.64.15/16
(226) 31.36.09/13
Fax
:
(226) 31.02.71
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Composition
and structure
Number of
members :
8
Recruitment
procedures and incompatibilities :
They are appointed amongst the magistrates from the judicial order.
Exceptionnally, they can also be chosen amongst the public servants
of the burkinabese administration in regard of their competence
in administrative matters (order 91-005/PRES and 91-0051/PRES, from
26th August 1991, on the status of the magistrature profession and
on the organization, composition and functioning of the Supreme
Court).
Internal
organization :
The Administrative Chamber is made up of a President, four Councillors
and three " Commissaires du gouvernement ". It is a collegial jurisdiction
which sits with three or five members. As the number of members
of the Chamber is quite low, the same members sit for every matter.
Thus, there is no specialized section. The Chamber holds an audience
the first tuesday and the last friday of every month.
Publications
:
The Administrative Chamber participates in the preparing of
the bulletin of the Supreme Court. It has edited a compilation of
communications which had been exposed during a national seminar
in June 1998 about the administrative justice. On the solemn yearly
re-opening of the law courts, the Chamber adresses a report on its
functioning during the preceeding judicial year to the President
of the Supreme Court.
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Court
functions
Jurisdiction
:
Before the effective establishment of the Administrative Tribunals,
the Administrative Chamber is the ordinary jurisdiction for all
the administrative litigations in Burkina Faso.
Organization
of the courts system :
Thus, the Administrative Chamber is still the one and only court
in the administrative order.
Powers of
the judge (annulment, reversal, compensation ...) :
The administrative judge can annul, interprete, or appreciate the
legality of the administrative acts. In electoral disputes, the
Court may also reform or rectify the administrative decisions. It
can condemn the administration to pay a financial compensation.
Finally, it can order the reprieve from execution of an administrative
decision.
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Advisory
functions
The Administrative
Chamber of the Supreme Court gives its opinion on the drafts of
decrees and, in general, on any question for which its intervention
is obligatory according to the provisions of a statute or a regulation,
or that have been proposed by the Government. The Chamber can be
consulted by the ministers on any difficulty concerning administrative
matters.
Miscellaneous
remarks
The Administrative
Chamber has taken part in several international seminars and congresses
about administrative or electoral litigations. Questions about the
enforcement of international law have not been referred so far to
the Administrative Chamber, but it is bound to happen soon according
to Burkina Faso's wishes of regional integration and to its implication
in international organizations.
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