Consultations were chaired by the President of People’s Supreme Court – Mr. Khampa Sengdara, the President of Institute for Legal Support and Technical Assistance – Mr. Richard Philippart, Deputy Head of the President’s Office – Mr. Phetsamone Phanthavong, Deputy Head of the Prime Minister’s Office – Mrs. Boupha Khenvongdara, the Vice-Chairman of the Justice Committee of the National Assembly – Mr. Khampeng Vilaphan, the Vice President of the People’s Supreme Court- Mr. Khampan Bounphakhom,and the Deputy President of the People’s Assembly of the Province of Champasak – Mr. Khamsi Piangvolavong.
This high-level workshop brought together representatives from key government agencies in order to discuss and move forward with the setup of an administrative court system in Laos.
An administrative court is a type of court specializing in disputes concerning the exercise of public power. The importance of an Administrative Law is first and foremost to protect the interest of the public and a national independent administrative jurisdiction for the citizens in all the provinces will be an important milestone towards the Rule of Law.
Such courts are considered to be created in Laos with the adoption of the Presidential Decree on the Administrative Case Proceedings.
However for this there is a clear need for independent judges, and it is foreseen in this Decree and I would like to congratulate the drafting committee for this. Article 8 of this decree states that judges have to be independent.
This is also foreseen in article 94 of the Lao constitution which was amended in 2015.
During the consultation process, Mr. Steve Helminger, expert in Administrative Law from Luxembourg, provided insights into the Administrative Law System and the Administrative Jurisdiction in Luxembourg, and shared international best practices with representatives of local authorities. Mr. Helminger congratulated the drafting Committee for all the hard work and for the accomplished results so far, and encouraged the establishment of an Administrative jurisdiction which will ultimately contribute to foster the development of the Lao legal system.
The President of the People’s Supreme Court – Mr. Khampa Sengdara stressed the importance of the institutionalization of an Administrative jurisdiction, and of the adoption of the Presidential Decree on the Administrative Case Proceedings, as part of the national effort of becoming a Rule of Law State.
Mr. Richard Philippart, President of ILSTA stated that “We are witnessing positive developments happening in the country as part of the national objective of establishing a Rule of Law StateThe Rule of law , enshrined as key principle for countries in the ASEAN charter …. is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, principles which are well reflected through this reformist Law. “. Mr. Philippart further added that ” Rule of Law is a fundamental feature of ASEAN since its inception, and a key principle stipulated in the ASEAN Charter.
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