Impact of the CCJA on the Congolese judicial system

Pursuant to the Treaty of Port-Louis, in particular article 14, the establishment of the CCJA has an abrogatory effect in Congolese law, substituting the CCJA as judge of cassation for all matters requiring the application of OHADA uniform acts. Thus, no domestic court can hear appeals in cassation in all matters of OHADA law. As Congolese law currently stands, there are two cassation jurisdictions: the Congolese Cour de Cassation for matters governed by ordinary law, and the CCJA for matters governed by OHADA law. This raises the question of their coexistence, or rather, the impact of the CCJA on the Congolese judicial system. Without claiming to be exhaustive, the present analysis is intended as a solution to this problem, and analyses the impact of the CCJA on the Congolese judicial system, in terms of both norms and procedures.

Autorentext
SAIDI ISSA, a young lawyer born in Goma, North Kivu province, D.R. Congo, on December 24, 2001, holds a law degree from the Université Protestante au Congo (UPC). He is currently a civil servant in the Ministry of Budget. His research focuses on procedural law and public finance law.