constituteproject.org PDF generated: 18 Apr 2016, 15:22   7.   8.   9. the first Presidents of the Courts of Appeal as well as the Attorneys General at these courts; the first Presidents of the Administrative Courts of Appeal and the Attorneys General at these courts; the Governors, and Vice Governors of the Province and the Provincial Ministers.   10. the Presidents of the Provincial Assemblies. • International law The civil and military Courts and Tribunals apply the duly ratified international treaties, the laws, [and] the regulatory acts, provided that they are in conformity with the laws as well as customary [law] unless the latter is contrary to the public order or to morality. The organization, the functioning and the competences of the jurisdictions of the judicial order are determined by an organic law. Paragraph 3: Of the Jurisdictions of the Administrative Order • Establishment of administrative courts • Structure of the courts Article 154 An order of administrative jurisdictions is instituted composed of the Council of State and of the Administrative Courts and Tribunals. • Ultra-vires administrative actions Article 155 Without prejudice to the other competences which are assigned to it by the Constitution or the law, the Council of State takes cognizance of in first and last resort, the recourses for violation of the law, brought against the acts, regulations and decisions of the central administrative authorities. It takes cognizance [,] on appeal[,]of the recourses against the decisions of the Administrative Courts of Appeal. It takes cognizance, in the cases where no other competent jurisdictions exist, of the claims for indemnity concerning the reparation of an exceptional damage, material or moral, resulting from a measure taken or ordered by the authorities of the Republic. It decides, in equity, taking into account all circumstances of public or private interest. The organization, the competence and the functioning of the jurisdictions of the administrative order are established by an organic law. Paragraph 4: Of the Military Jurisdictions Article 156 The military jurisdictions take cognizance of the infractions committed by the members of the Armed Forces and by the National Police. Congo (Democratic Republic of the) 2005 (rev. 2011) Page 43

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