Senegal

1. Composition and structure

The Supreme Court is divided into 5 chambers:

- the Administrative Chamber;
- the Criminal Chamber;
- the Civil and Commercial Chamber;
- the Labour Chamber;
- the Pleanary Chamber.

Number of members: 30

The Administrative Chamber includes 5 judges at least.

The Public Prosecutor’s office is represented by the Advocates General acting as Commissaires du droit who deliver their opinions during the hearings.

Recruitment procedures and incompatibilities:

Organic law n°2008-35 (August, 8, 2008) amending the organic law n°92-27 (May, 30, 1992) on the Judges’ Statute

Section 42

"The Counsellors at the Supreme Court and the Advocates General attached to this court are chosen among the judges having been the out hierarchy postmaster during 4 years at least.

"The A class civil servants who have a law masters degree, the lawyers, the 20 years’ service university professors can be appointed at the Supreme Court."

Section 44

"The Presidents of the Chambers are chosen among the First Presidents of the Courts of Appeal, the Attorney General attached to these Courts, the heads of the central administration of the Ministry of Justice, the Secretary General of the Supreme Court, the Advocates General and the First Advocate General attached to this Court."

Section 9

"The judicial functions are not compatible with any public or private activity or with any electoral mandate."

Publications:

Yearly report, news bulletin, bulletin of judgments.

2. Jurisdictional attributions and advice

Court functions

Jurisdiction:

* Action for annulment against the acts taken by executive authorities and the local authorities

* Electoral disputes (register of electors, regional, municipal and rural elections).

* Appeal in cassation for lack of competence or statutory or custom violation lodged against the courts decisions delivered in the last resort by all courts, the Audit Office, the Administrative bodies acting as jurisdictional bodies or the Council of Arbitration of Labour Disputes.

* Petition for review, request in referral to another court, lodging claim for damages against a judge for miscarriage of justice in civil or criminal matters and proceedings against judges.

* Requests for compensation in case of unjustified pre-trial detention, requests lodged by the Law enforcement officers whose capacitation has been suspended or withdrawn, requests submitted to institutional commissions which are under the supervision of the Supreme Court.

Organization of the courts' system:

- Supreme Court

- Courts of Appeal (3)

- Regional courts (14)

- Local courts (35)

Powers of the judge:

- Annulment;

- Quashing.

Advisory functions

* Advice on bills and decrees submitted to its control;

* Advice on difficulties risen in administrative matter;

* Advice on parliamentary bills;

* Mandatory advice in the matters listed by law.