Decree N° 2013/202 of 28 June 2013 amending and supplementing decree n° 80/229 of 26 July 1980 on the Organization and functioning of Administrative Courts

The President of the Republic hereby decrees as follows:

Article 1: Chapters n and V of Decree N°80/229 of 29 July 198b on the Administrative Courts Organization of Courts are hereby amended and supplemented as follows:

Chapter Il (new)

Administrative Organization of Court Registries, Courts and Lower Courts-in Administrative litigations.

Article 14 (bis):

The Registry of the Administrative Court shall be placed under the authority and responsibility of a Registrar-in-Chief with at least a rank of
Senior Registrar.

The Registry of the Administrative Court shall comprise five (5) sections:

- Public Service Litigation Section;

- Land Tenure and Land Property Litigation Section;

- Taxation and Finance Litigation Section;

- Administrative Contracts Litigation Section;

and

- Cancellation and Various Matters Litigation Section.

a) Public Service Litigation:

- entertains Public Service litigation,

- opens case files,

- performs investigation measures at" the behest of the Judge in charge of legal inquiry,

- returns files to Judge in charge of legal inquiry after exchange of memos submissions and supporting documents,

- sends the report to the Procureur General to attach his submissions thereon,

- enlists the file for hearing and summons the parties,

- ensures the hearing of cases,

-types judgments delivered,

- records judgments delivered,

- notifies judgments to parties,

- issues execution documents,

- establishes annual statements of statistical records

b) Land and Tenure and Land Property Litigation Section

- Entertains disputes relating to land and public property,

- opens case files,

- performs investigation measures at the behest of the Judge in charge oflegal inquiry,

- returns files to Judge in charge of legal inquiry after exchange of memos submissions and supporting documents,

- sends the report to the Procureur General to attach bis submissions thereon,

- enlists the file for hearing and summons the parties,

- ensures the hearing of cases,

- types judgments delivered,

- records judgments delivered,

- notifies judgments to parties,

- issues execution documents,

- establishes annual statements of statistical records

c) Tax and Finance litigation Section

- entertains tax and finance litigations,

- opens case files,

- performs investigation measures at the behest. of the Judge in charge oflegal inquiry,

- returns files to Judge in charge of legal inquiry after exchange of memos submissions and supporting documents,

- sends the report to the Procureur General to attach his submissions thereon,

- enlists the file for hearing and summons the parties,

- ensures the hearing of cases,

- types judgments delivered,

- records judgments delivered,

- notifies judgments to parties,

- issues execution documents,

- establishes annual statements of statistical records

d) Administrative Contracts Litigation Section

- entertains administrative contracts litigations,

- opens case files,

- performs investigation measures at the behest of the Judge in charge of legal inquiry,

- returns files to Judge in charge of legal inquiry after exchange of memos submissions and supporting documents,

- sends the report to the Procureur General to attach his submissions thereon,

- enlists the file for hearing and summons the parties,

- ensures the hearing of cases,

- types judgments delivered,

- records judgments delivered,

- notifies judgments to parties,

- issues execution documents,

- establishes annual statements of statistical records

e) Cancellation and Various Matters litigation Section

- entertains cancellation and other matters,

- opens case files,

- performs investigation measures at the behest of the Judge in charge of legal inquiry,

- returns files to Judge in charge of legal inquiry after exchange of memos submissions and supporting documents,

- sends the report to the Procureur General to attach his submissions thereon,

- enlists the file for hearing and summons the parties, .

- ensures the hearing of cases,

- types judgments delivered,

- records judgments delivered,

- nofifiesjudgments to parties,

- issues execution documents,

- establishes annual statements of statistical records

Chapter V (new)

Rank and prerogatives of Administrative service officials of Court of AppeaI and Administrative Courts

Article 44 (bis):

Registrars-in-Chief of Courts of Appeal and Administrative courts, appointed by order of the President of the Republic, shall have the rank and prerogatives of Sub-Director at the Central Administration.

Section Heads of Administrative Courts, appointed by Order of the Minister of Justice, Keeper of the Seal, shall have the rank and prerogatives of Bureau Head at the Central Administrative.