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The mandate of the council of the Court of Auditors which ends on April 7 should in fact be extended given the current context

  • April 3, 2024
  • 5
  • 10
the-mandate-of-the-council-of-the-court-of-auditors-which-ends-on-april-7-should-in-fact-be-extended-given-the-current-context

The mandate of the council of the Superior Court of Accounts and Administrative Disputes which ends on April 7 should in fact be extended given the current context.

Just like the Court of Cassation which benefited from an exceptional renewal procedure in the absence of the Senate which should vote the judges, councilors and judges to the administrative jurisdiction of the country which is the Superior Court of Accounts and Administrative Litigation CSCCA could remain in their place beyond the end of their mandate while waiting for new councilors to be elected to replace them.

This autonomous and independent Institution, created more than two hundred years ago, according to the Constitution of 1987 and the Decree of November 23, 2005, is managed by a Council of ten members, elected by the Senate of the Republic for a period of ten years. The term of office of the current CSCCA Council is coming to an end on April 7, 2024. Taking into account the dysfunction of Parliament since legislative elections have never taken place since 2020, there have been no elections of new councilors.

Faced with this institutional void which hangs over the one and only superior institution for controlling public revenue and expenditure in the country, the most plausible solution would be to keep the current Council until the election and installation of a new Council. Because the CSCCA imperatively gives its opinion on public law contract projects, including those of contract workers from various public institutions and public contracts. It controls public revenue and expenditure.

The Superior Court of Accounts and Administrative Disputes (CSCCA) experienced this situation of institutional vacuum in 2002 and 2013. The Executive powers at the time had to extend the duration of the mandate of the Court Advisors since the new members who should have to replace them had not been elected. In the context of the current crisis, the country cannot afford the luxury of doing without the CSCCA and the experience of the advisors already in office while the formalities for electing a new council have not been met.

The Superior Court of Accounts and Administrative Disputes, whose mission is, among other things, to control public revenue and expenditure, will be unable to offer public services to users, in particular opinions on draft contracts, opinions on draft finance laws and the draft Regulation law, reports on the financial situation of the country and on the effectiveness of public spending, the distribution of administrative justice and the judgment of the accounts of former managers of public funds.

The mandate of the council of the Court of Auditors which ends on April 7 should in fact be extended given the current context

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