Judgment Reviews Law at Ivory Coast

In Côte d'Ivoire (Ivory Coast), judicial review plays a critical role in ensuring the constitutionality of laws and the legality of government actions. The nation's legal framework provides mechanisms for reviewing the constitutionality of legislation and the legality of administrative acts.

⚖️ Constitutional Council: Guardian of Constitutionality

The Constitutional Council is the primary body responsible for judicial review in Côte d'Ivoire. Established in 1994, it operates in a manner similar to the French Constitutional Council. Its key functions include:

Determining the constitutionality of laws and treaties: The Council can assess proposed or enacted laws and international treaties to ensure they align with the Constitution

Electoral oversight: It verifies the eligibility of candidates in presidential and legislative elections and certifies final election results.

Conducting referendums: The Council oversees the process and legality of referendums.

Decisions made by the Constitutional Council are final and not subject to appeal, making it the supreme authority on constitutional matters in the country. 

🏛️ Supreme Court: Judicial Oversight and Administrative Review

The Supreme Court of Côte d'Ivoire serves as the highest judicial authority It comprises two main components

Court of Cassation: Handles appeals in civil, commercial, and criminal matters, ensuring uniform interpretation and application of the law

Council of State:Acts as the highest administrative court, reviewing the legality of administrative acts and resolving disputes between individuals and public authorities While the Supreme Court does not have the authority to declare laws unconstitutional, it plays a crucial role in ensuring that laws and administrative actions comply with the Constitution and legal standards

⚠️ Recent Developments in Judicial Review

A notable instance of judicial review occurred on April 22, 2025, when an Ivorian court ruled that Tidjane Thiam, former CEO of Credit Suisse, was ineligible to run for president due to his previous French nationalityDespite renouncing his French citizenship in February 2025, the court's decision, based on Article 48 of the Ivorian Nationality Code, was final and not subject to appeal Thiam criticized the ruling as politically motivated, highlighting concerns over the independence of the judiciary in electoral matters

📌 Key Takeaways

Constitutional Oversight The Constitutional Council is the primary body for reviewing the constitutionality of laws and treatie.

Judicial and Administrative Review The Supreme Court oversees the uniform application of laws and the legality of administrative action.

Finality of Decisions Decisions by the Constitutional Council are final and not subject to appeal, underscoring its supreme authority in constitutional matter.

Electoral Oversight The judiciary plays a significant role in overseeing electoral processes, as demonstrated by recent rulings on candidate eligibilit.

 

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