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Name of the institution
: Administrative Chamber of the Supreme Court
President
:
Mr Tia KONE (President of the Supreme Court)
Mr Georges AMANGOUA (President of the Administrative Chamber)
Address :
Supreme Court
BP V 30
Abidjan 01 RCI
Republic of Ivory Coast
Phone number
:
(225) 20.25.71.71
Fax
:
(225) 20 21 63 04
(225) 22 44 51 29
E-Mail :
chambreadtive@yahoo.fr
Composition
and structure
Number of
members :
Three (The Vice-President of the Supreme Court, President of the
Chamber, and two magistrates).
Recruitment
procedures and incompatibilities :
The President and councillors which form the Administrative Chamber
are recruited amongst the magistrates placed out of any hierarchy
of the civil courts system, the only one existing since the independence
of the country.
They are subject to the legal status of the judicature.
Internal
organization :
Beside the three magistrates, the Administrative Chamber includes
also a secretary of chamber.
Publications
:
It is foreseen to create an index of the judgments and a review,
describing the activities of the whole Supreme Court.
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Court
functions
Jurisdiction
:
The Administrative Chamber is competent to hear the petitions for
cassation against the judgments pronounced in last instance in affairs
where one of the parties is a public corporation. However, the rulings
of the penal jurisdictions are always submitted to the Judicial
Chamber.
The Administrative Chamber is competent, in first and last instance,
to declare void decisions issued by administrative authorities for
being ultra vires.
It is also competent, in first and last instance, to try all disputes
related to elections except those refered to the Constitutional
Chamber.
Organization
of the courts system :
The former colony of the Ivory Coast had almost the same dualistic
organization than France. After the declaration of the independence,
only the civil courts had been maintained. Therefore, the administrative
litigations are adjudicated, in first instance, by the tribunals
of first instance. Their rulings may be challenged, in appeal, before
the courts of appeal. These jurisidictions try all civil, penal
and commercial disputes and even the administrative cases except
the actions in annulment and the electoral disputes.
Powers of
the judge :
The prerogatives of the judge differ according to the various levels
distinguished before. In first instance and in appeal, the judge
may award damages, but he may not annul or reverse an admininstrative
decision.
When trying an action for ultra vires, the Administrative Chamber
can annul the contested administrative decision.
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Advisory
functions
Existence
and extent of an advisory authority :
The consultative functions are common to all the chambers of the
Supreme Court and are exercised by its President.
Authority
and publicity of the advices :
The government generally takes the advices into account. They are
not published, but their existence is mentioned in all cases where
the consultation is obligatory. .
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