@article{2020:kahunga_mapela:le_content,
title = {LE CONTENTIEUX DE CANDIDATURE À L’ÉLECTION DE GOUVERNEUR DE PROVINCE EN RÉPUBLIQUE DÉMOCRATIQUE DU CONGO. LE DOUBLE FONDEMENT DE LA COMPÉTENCE D'APPEL DU CONSEIL D’ÉTAT},
year = {2020},
note = {The controversy that arose during the jurisdictional handling of
disputes concerning the candidature of provincial governors was
prompted by the exercise by certain candidates of their constitutional
right of appeal. A certain opinion considered that the exercise of
this right was unfounded and that the Council of State had arrogated
to itself powers that it did not have, given that under the terms of
Article 27, paragraph 4 of the Electoral Law, it is established that
the operative part of the judgment or judgement which is notified to
the parties concerned and to the Electoral Commission is not subject
to appeal. This reflection showed that there was no need for
controversy. For, beyond the constitutional and legal basis evoked by
the Council of State to recognize its appellate jurisdiction in this
matter, human rights and the rule of law also underlie its appellate
jurisdiction. This means that by virtue of the principle of conformity
with the Constitution of all infra-constitutional acts, the electoral
law is not entitled to derogate from the right of appeal thus
constitutionalized. It follows that the provision of the Electoral Act
that derogates from it requires rewriting to avoid the cacophony to
which this dispute has given rise.},
journal = {KAS African Law Study Library},
pages = {229--242},
author = {Kahunga Mapela, Jean Jacques},
volume = {7},
number = {2}
}