Judgment Reviews Law at Niger
Niger's legal framework for administrative judicial review is structured to ensure accountability and legality in administrative actions. Here's an overview of the system:
⚖️ Legal and Institutional Framework
Constitutional Basis: The Constitution of Niger (2010, revised 2017) establishes the legal foundation for administrative justice. Article 137 designates the Council of State as the highest jurisdiction in administrative matters, responsible for reviewing the legality of administrative acts and addressing disputes involving administrative authorities
Council of State: As the supreme administrative court, the Council of State has both first-instance and appellate jurisdiction over administrative disputes. It handles cases involving excess of power (ultra vires), procedural irregularities, and other legal challenges against administrative decisions.
📝 Grounds for Judicial Review
Individuals may challenge administrative acts on several grounds
Excess of Power (Ultra Vires When an administrative authority acts beyond its legal competence
Procedural Irregularities:Failure to follow prescribed legal procedures
Misuse of Power:When decisions are made for improper purposes or without due consideration
Violation of the Law:Contravention of statutory or regulatory provisions Before initiating a judicial review, individuals must first seek reconsideration or appeal within the administrative hierarchy. If unresolved, they may proceed to the courts
⏳ Procedures and Deadlines
Administrative Recourse: Complaints must be lodged within 2 months for general decisions or 15 days for individual measures after notification
Judicial Appeal: If administrative recourse is denied or unaddressed, individuals can appeal to the administrative courts
Council of State Review: Appeals on points of law from administrative courts are heard by the Council of State
🏛️ Judicial Independence and Oversight
Niger's Constitution guarantees judicial independence, stipulating that judges are only subject to the authority of the law (Article 118). The Superior Council of the Magistracy oversees the appointment and discipline of judges, ensuring the judiciary's autonomy from executive and legislative branches
🌍 Regional and International Oversigh
In addition to national mechanisms, Niger is subject to regional judicial oversight. For instance, the ECOWAS Court of Justice has jurisdiction over human rights violations and can issue binding decisions. In December 2023, the ECOWAS Court ordered the release and reinstatement of President Mohamed Bazoum, who had been detained following a coup. This ruling underscores the importance of regional legal instruments in upholding democratic principles and the rule of law
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Niger's administrative judicial review system reflects a commitment to legal accountability and the protection of individual rights. While challenges exist, the framework provides avenues for redress and upholds the rule of law within the county.
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