L’impartialité du juge administratif des référés : entre quintessence et portée réelle
Publication Date : 19/10/2023
The spectacular development of the administrative summary procedure experienced by Congolese administrative procedural law, with its share of decisions sounding like a cleaver to the omnipotence of the administration cannot leave interested commentators indifferent, if these (decisions) refocus the essential role that the judge is called upon to play. Being the cornerstone around which the entire procedure revolves, the judge must reassure both the parties to the proceedings and third parties who, seeing the way the proceedings are being conducted and the 'quick' justice rendered, may have the feeling that cases are heard by an independent and impartial tribunal. This objective will be achieved only if the judge integrates certain values, including impartiality, which is the subject of this study. In an essentially exegetical approach, supported by doctrine and case law, this study has held that the impartiality of the judge in chambers is dependent on the implementation of the contradiction, the motivation of the order as well as the exercise of cautious about combining functions.
No. of Downloads :