Recourse against the UFA: Navigating the legal complexities
The Arrêté de Concession Définitive (ACD) is an essential part of land management in Côte d'Ivoire. However, it can be contested and appealed. Law n°2018-918 of 27 December 2018 has established clear provisions to guide stakeholders in appealing against the ACD.
Prior administrative appeal: A crucial first step
Before taking legal action, an administrative appeal must first be lodged. This appeal, whether it is an ex gratia or hierarchical appeal, must be made in writing and sent to the Minister for Construction and Town Planning within two months. Failure to lodge such an appeal will render any subsequent legal action inadmissible.
Silence on the part of the administration: a response in itself
If the administration does not respond within two months of the appeal, this is considered to be an implicit rejection, which differs from the previous period of four months. This reduction in the time limit is intended to speed up administrative and judicial procedures.
Recourse on grounds of ultra vires : A weapon against illegality
Appeals to the Conseil d'État on grounds of ultra vires are used to challenge the illegality of a DCA. It is based primarily on a breach of the rules of law and provides a strict mechanism for judicial review of administrative acts.
Legal analysis: a rigorous examination
Whether by the administrative authority or the administrative judge, the conditions for issuing an ACD are rigorously analysed. DCAs obtained fraudulently or those that infringe the principles of inalienability of the public domain may be annulled.
Conclusion: Enhanced legal protection
Appeals against the CDA are structured to provide strong legal protection for stakeholders, ensuring the integrity and legality of land transactions. These recourse mechanisms strengthen confidence in the Ivorian land tenure system and ensure that the rights of the parties are protected diligently and fairly.
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Q/A
What is a prior administrative appeal?
A prior administrative appeal is a compulsory step before taking legal action, where a written objection is sent to the Minister in charge of Construction and Town Planning within two months.
What does the administration's failure to respond to an appeal mean?
If the administration remains silent for two months following an appeal, this is considered to be an implicit rejection, which differs from the previous period of four months. The aim of this change is to speed up administrative and legal procedures.
What is an appeal for misuse of powers?
The illegality of a Final Concession Order can be challenged before the Conseil d'État on the grounds of ultra vires. It is based on a breach of the rules of law and provides a strict mechanism for judicial review of administrative acts.
