(2007)
Unilateral administrative acts are the imposition of the will of the administration upon the people of administrative law that has been "developed by doctrinal writings" (Zongwe, Butedi and Phebe, 2007) and which fall into two primary categories:
1) The first is related to unilateral administrative acts "defined in the terms of the procedure for adopting, and the administrative bodies or officials performing these acts (classification formelle);
2) The second involves unilateral administrative acts defined by their contents (classification materielle). (Zongwe, Butedi and Phebe, 2007)
Bilateral administrative acts are "contracts which the administrative bodies may conclude" and are contracts both private and public in nature. (Zongwe, Butedi and Phebe, 2007) The administrative body in private contracts is stated to be "but a private person in a commercial transaction." (Zongwe, Butedi and Phebe, 2007) Disputes of these contracts are mediated by ordinary courts however disputes involving public contracts results in the administrative body acting with state authority.
IV. FUNDAMENTAL PRINCIPLES OF DRC ADMINSITRATIVE LAW
Zongwe, Butedi and Phebe (2007) state that the fundamental principles of DRC law are:
The principle of citizens' equal access to public services;
The principle of legality of administrative acts; and The principle of continuity of public services. (Zongwe, Butedi and Phebe, 2007)
The principle of "administrative legality" is another important principle in DRC administrative law which makes it a requirement of the administration 'to abide by the rules particular to the type of administrative acts that a certain administrative body performs." (Zongwe, Butedi and Phebe, 2007)
V. RETROACTIVE ADMINSTRATIVE LAW
The administration is also precluded from application of retroactive acts of administration with exceptions and for example the decision of the administration may be retroactive "if the law explicitly or implicitly envisages it" and as well "the nature of certain decisions and certain situations may also require retroactivity." (Zongwe, Butedi and Phebe, 2007) Administrative...
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