NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.
VU Constitutional Law n°215/AN/08/5th Revision of the Constitution;
VU Law No.3/AN/93/3rd L of April 7, 1993 on the organization and operation of the Superior Council of Magistrature;
VU The Organic Law n°9/AN/01/4th L of 18 February 2001 bearing the Statute of the Magistrature;
VU Law No.100/AN/00/4 L of 10 July 2000 on the powers and organization of the Ministry of Justice and Penitentiary Affairs, responsible for Human Rights;
VU Law n°178/AN/12/6th The reorganization of the Ministry of Justice;
VU Law No. 55/AN/19/8th L on the legal regime of public enterprises;
VU Law No. 56/AN/19/8th L of 23/07/2019 on the legal regime of Administrative Public Institutions;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE establishing the powers of the Ministries;
VU Circular n°104/PAN dated 29/06/2020, convening the first public session of the first special session of the Year 2020.
The Council of Ministers heard at its meeting on 21 January 2020.
Chapter I: GENERAL PROVISIONS
Article 1: It is created a National School of Judiciary Studies, an administrative public institution for teaching, scientific research and training under the eagle E.N.E.J and attached to the Ministry of Justice and Penitentiary Affairs responsible for Human Rights, which is located in Djibouti city.
The École Nationale d'Étude Judiciaire has a moral personality and has a financial autonomy.
The Department exercises oversight and monitoring of NCEEJ activities in accordance with the Government's legal guidelines.
Article 2: Purpose
The École Nationale d'Étude Judiciaire participates in the consolidation of academic and/or professional achievements of judges, judicial assistants or any other similar profession related to the legal or judicial domain.
Chapter II: MISSIONS
Article 3: The main task of the National School of Judicial Studies is to ensure the initial training of judges.
It also aims to ensure the continued training of judicial assistants or any other similar profession related to the legal or judicial domain, including lawyers, notaries, bailiffs, clerks and officers of the Judicial Police.
Article 4: The initial training concerns only future magistrates who must attend an entrance examination at the National School of Judiciary Studies. Applications are submitted to the Secretary of the Supreme Council of the Judiciary who examines their compliance with the conditions set out in article 12 of the Organic Law No.9/AN/01/4th The status of the judiciary.
The review regime and procedures will be defined by the Implementing Decree of this Act.
Article 5: The E.N.E.J is empowered to organize training sessions or seminars in the legal and judicial fields for the benefit of government officials, local authorities and public institutions.
Article 6: It is also responsible for conducting and/or publishing scientific research and studies related to the various legal and judicial fields.
Article 7: The E.N.E.J's mission is to establish and maintain databases of judicial litigation of case law and doctrine in order to identify all judicial decisions and to change jurisprudence and doctrine.
CHAPTER III: BODIES
Article 8: The E.N.E.J is composed of three main bodies that provide guidance to its administration and management. This is:
- Council of Orientation and Pilotage
- Board of Directors
- From the General Directorate
Section 1: THE ORIENTATION AND PILOTAGE COUNCIL
Article 9: The role of C.O.P
The Guidance and Pilotage Board is responsible for setting the broad lines and directions of the NCEEJ in accordance with the Department's policy and policy directions for justice.
Article 10: From the composition of the C.O.P.
The Orientation and Pilotage Council consists of:
- Minister of Justice (President)
- Minister of Labour for Reform, Member
- Minister of Higher Education, Member
- A Representative designated by C.S.M., Member
- The President of the Supreme Court, Member
- The Attorney General, member
- First President of the Court of Appeal, Member
- The President of the Court of Accounts, Member
- The President of the Personal Status Tribunal, Member
- The College of Lawyers, members
- The President of the Order of Notaries, Member
- The President of the Order of the Huissiers, member.
The secretariat will be provided by the representative of the Superior Council of the Magistrature.
Article 11: Recommendations of the COP
COP recommendations are enforceable both for the Board of Directors and by the General Management.
Section 2: The Board of Directors
Article 12: The role of the Board of Directors
The Board of Directors of the E.N.E.J is the governing body of the Institution to deliberate on all matters relating to the life of the Institution.
In this context, the mission of the Office is to implement the recommendations of the O.P. and to monitor their implementation.
Article 13: From the composition of the Board of Directors
The Board of Directors is composed of the following nine members:
- A representative of the Presidency
- A representative of the Primature
- A representative of the Ministry of Justice
- A representative of the Department of Budget
- Prosecutor of the Republic
- The President of the Court of First Instance
- President of the University of Djibouti
- Director of the National Institute of Public Administration
- Director of the Institute of Diplomatic Studies.
The Council elects the President. The Director General of the E.N.E.J. ensures the secretariat without a deliberate vote.
Article 14: C.A. operation
C.A. deliberates on all technical and administrative matters relating to initial and continuing training, as well as on the education and examination regime.
The CA meets at least twice a year and whenever necessary on the convocation of its President. The deliberations of the council shall be taken by an absolute majority of votes. In the event of a vote-sharing, the President is the preponderant.
Article 15: It validates the creations, suppression or adaptation of the imities and educational programs that are submitted to it by the General Directorate of the E.N.E.J.
Section 3: Directorate General
Article 16: Of the appointment
The General Directorate is provided by a Director General appointed by the Council of Ministers on the proposal of the Minister of Staffing.
The Director General must be selected from the magistrates or from the senior management of the administration.
Article 17: The qualification
The Director General must be required to hold a university degree in secondary law and a minimum of 10 years of experience.
Article 18: The Director General is responsible for the management of the E.N.E.J. As such, it must carry out the deliberations and recommendations of the O.C. and of the Board of Directors.
Article 19: The Directorate General is also assisted by a deputy director responsible for the educational organization under the supervision of the Director General. The role and tasks of the Deputy Director will be defined in the Implementing Decree.
CHAPTER IV: FINANCIAL ORGANIZATION
Article 20: Accountable Agent
The E.N.E.J Accountant is appointed by Order in Council of Ministers on the proposal of the Minister in charge of the Budget.
The Accountable Agent is personally responsible and financially responsible for the operations he or she takes or notes in his or her writings.
Article 21: Budget
The E.N.E.J budget consists of:
- Revenue from the state subsidy
- Registration fees and miscellaneous benefits products provided by E.N.E.J
- Gifts and bequests
- Monetary participation of national and international bodies within the limits of the rules applicable in the Republic of Djibouti.
The Board of Directors approves, by December 31, each year, the NCEEJ expenditures in accordance with the applicable rules for public institutions.
CHAPTER V: FINAL PROVISIONS
Article 22: A decree of application will be taken in Council of Ministers to define the organization and operation of the National School of Jewish Studies.
Article 23: Any earlier provisions contrary to this Act are repealed.
Article 24: The Minister of Justice, Prison Affairs in charge of Human Law is responsible for the execution of this Act upon promulgation and publication.