Dispute Decisions

Décision n° 007 DCC/SVA/19 Decision No. 007 DCC/SVA/19 of 25 November 2019 on the application for a declaration of unconstitutionality of Article 62 of Decree No. 2009-156 of 20 May 2009 on the Public Procurement Code. Final Contractual Appeals

The Constitutional Court received an application from Mr. SAMINOU SAMBA (Aldrin Michel) seeking a declaration that Article 62 of Decree No. 2009-156 of 20 May 2009 on the Public Procurement Code is unconstitutional. That article provides for national preference in favour of national undertakings, subject to certain conditions. The applicant argued in particular that this provision is contrary to Article 64 of Regulation No. 06/09-UEAC-201-CM-20 of 11 December 2009, which establishes a community preference replacing national preferences in CEMAC member States. The Constitutional Court first examined its jurisdiction. It noted that the applicant was in reality challenging not a law, but Decree No. 2009-156 of 20 May 2009. Under Article 175, paragraph 2, of the Constitution, the Constitutional Court has jurisdiction over the constitutionality of laws, treaties and international agreements. It therefore has no jurisdiction to review the constitutionality of a decree. Accordingly, the Constitutional Court declared itself not competent. The decision was notified to the applicant, the President of the Senate, the President of the National Assembly, the Prime Minister, the Minister of Finance, the Minister of Justice, Human Rights and the Promotion of Indigenous Peoples, and published in the Official Journal.