Overview

The right of appeal is a fundamental right that has the status of a non-derogable right under Congolese law. This means that it should not be subject to any infringement. How can we explain, however, that the legislator has set up a derogatory regime based on jurisdictional privileges? Worse still, how can we understand that the constitutional text itself enshrines some of these privileges? This reveals a normative ambivalence that calls for standardization. The present study outlines the tools for reform aimed at creating a harmonious coexistence between these two institutions.

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