@article{2020:shamashanga_minga:linspec,
title = {L’INSPECTORAT GENERAL DES SERVICES JUDICIAIRES : UN SERVICE EN MARGE DE LA CONSTITUTION CONGOLAISE DU 18 FEVRIER 2006 ?},
year = {2020},
note = {This study analyses the General Inspectorate of Judicial Services
established under the Second Republic by the Order of 23 June 1987 in
a context marked by the negation of the separation of powers. The
existence of the General Inspectorate of Judicial Services is seen by
some as undermining the principles of the separation of powers and the
independence of the judiciary and the judge enshrined in the
Constitution of 18 February 2006. The study shows, however, that the
enshrinement of the principles of the separation of powers and the
independence of the judiciary does not prevent the existence of a
public service with the task of monitoring the functioning of judicial
institutions and ensuring the proper administration of justice by the
courts and tribunals and the prosecution service. However, some of the
powers conferred on the Inspectorate-General of Judicial Services by
the above-mentioned ordinance are contrary to the Constitution in that
they allow the members of the Inspectorate-General of Judicial
Services to assess the work of the judge. It is thus within the
competence of the members of the Inspectorate-General to ensure, in
the course of their mission, the proper administration of justice and
the normal dispatch of cases, in particular by examining files,
registers and copies of judgements. The study proposes the reform of
the Inspectorate-General of Judicial Services in order to bring its
mission into line with the Constitution and the new legislation
governing the justice sector. In this context, the first reform
consists in giving a legal basis to the ordinance establishing the
General Inspectorate of Judicial Services, since this text does not
currently have a legal basis. The second reform concerns the
operational and structural framework of the General Inspectorate of
Judicial Services. The third reform concerns the provision of
substantial human, material and financial resources to this service to
enable it to play an effective role in the proper administration of
justice in the Democratic Republic of the Congo.},
journal = {KAS African Law Study Library},
pages = {243--258},
author = {Shamashanga Minga, Clément},
volume = {7},
number = {2}
}