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Basically, the control of administrative guardianship evokes the idea of a legal mechanism based on the need to respect the principle of legality and regularity of acts of administrative authorities. It refers to the control of their conformity with the law. In this way, it has the purpose of the fight against the excess of power of the administrative authorities. The supervisory authority is the Governor of the province. He can delegate this competence to the Administrator of the territory.In positive Congolese law, the control of administrative supervision is organized by the organic law n°08/016 of October 7, 2008 on the composition, organization and functioning of decentralized territorial entities and their relationship with the State and the provinces. Supervision is either a priori or a posteriori and is exercised within the limits of the law.It should be noted that in practice, the supervision of the DTEs, which should be exercised in accordance with the legal texts governing decentralization in the DRC, is not effectively exercised because of the lack of organization of elections at the local level.
About the author
Di nazionalità congolese, nato a Kinshasa il 9 settembre. Serge KALENGA è un giurista pubblicista.Ha compiuto gli studi secondari presso il Groupe Scolaire Mont-Amba e successivamente, nel 2020, ha conseguito la laurea in giurisprudenza presso l'Università di Kinshasa.Assistente e ricercatore in diritto.
