Haiti – Politic : The CSC/CA reacts to the decree limiting its powers…
In a press release, Me Rogavil Boisguéné President of the Council of the Superior Court of Accounts and Administrative Disputes (CSCCA) takes note of the provisions of the decree of September 9, 2020 published in the Official Journal of the Republic No 35 of Friday, November 6 Download the Decree (PDF) : https://www.haitilibre.com/docs/decret-cscca-06-11-2020.pdf “derogating from the modalities of a priori external judicial control, which the Court exercises as as an independent administrative and financial jurisdiction instituted by the Constitution of the Republic.”
Me Rogavil Boisguéné recalls that “this a priori control to which natural persons holding public authority and entrusted with a public service mission are subject within the framework of the obligations arising from the exercise of their responsibilities results from the strict application of article 200-4 of the Constitution worded below conferring on the Court all the competence in the matter.”
Article 200.4 :
The Superior Court of Accounts and Administrative Disputes participates in the preparation of the Budget and is consulted on all questions relating to the legislation on Public Finances and on all Draft Contracts, Agreements and Conventions of a financial and commercial nature to which the State is a party. It has the right to carry out audits in all public administrations.
In conclusion, the President of the CSC/CA reminds “[…] to all the authorizing officers of the institutions of the national public administration that the administrative and financial responsibilities attached to their functions are strictly personal and that it is their responsibility to ensure compliance with the opinions issued under this constitutional provision.”
Remember that the presidential decree does not escape the obligations of the Constitution https://www.haitilibre.com/en/news-32238-haiti-flash-a-presidential-decree-removes-the-power-of-the-csc-ca-to-oppose-the-signing-of-a-contract.html but removes the ability of the CSC/CA to paralyze or prevent the conclusion of contracts, agreements and agreements and specifies that the decisions of the CSC/CA are not binding on the National Commission for Public Procurement, the authorities of the Executive Power, or the authorizing officers.
Download the Decree (PDF) : https://www.haitilibre.com/docs/decret-cscca-06-11-2020.pdf