Le contrôle du pouvoir discrétionnaire de l'administration par le juge administratif congolais
(2010)
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- Authors
- Supervisors
- Delpérée, Francis
- Abstract
- (en) The present research examined the control exercised by the Congolese administrative judge on the discretionary power of the administration in a widely unfavourable context. The analysis of the court decisions states an indirect control over the discretionary power of the administration. The more elaborated and subtle controls are not practised yet. The exercised control is praiseworthy especially if we take into account multiple constraints which impose upon the mission of the judge in the current difficult context of Congo. It contains nevertheless many incapacities which affect seriously the efficiency. The improvement of the control of the discretionary power of the administration by the Congolese administrative judge crosses by the guarantee of good conditions of administration of the justice, the intensification of the capacities of the judges and the improvement of the quality of the laws. It also passes by the improvement of the control at present exercised on the legality of the administrative acts and by the emergence of more elaborated techniques of control.A global project of development of the administrative justice must be elaborated to improve the control of the discretionary power of the administration by the Congolese administrative judge.
- Affiliations
Citations
Busane Ruhana Mirindi, W. (2010). Le contrôle du pouvoir discrétionnaire de l’administration par le juge administratif congolais. https://hdl.handle.net/2078.5/130690