2023-12-13 18:46:00
The Beninese State transformed the Treasury Judicial Agency (AJT) into the State Judicial Agency (AJE) to better defend its interests before the courts. The prerogatives of the AJE were set by a bill transmitted to the National Assembly according to the Council of Ministers of December 13, 2023.
Before national or international courts, it is the State Judicial Agency (AJE) which is responsible for the defense of Benin. It replaces the Treasury Judicial Agency (AJT). The government of Patrice Talon wishes, through this transformation, to allow Benin to adapt to “the evolution and (…) diversity of disputes to which the State can be a party”.
The Beninese executive associated with the traditional mission of the AJT, new responsibilities which it entrusted to the AJE. The AJE represents the State and defends the “non-pecuniary interests of institutions, administrations and branches of the State, of public bodies not endowed with legal personality, in all disputes (…) at the national and international level”.
The AJE also ensures legal proceedings and the recovery of funds owed to public or semi-public establishments and private companies responsible for a public service mission.
The AJT replaced by the AJE was intended to “mission to defend the interests of the State for the purposes of debt recovery”. But its field of competence appears limited according to the government. “The rules to organize its collaboration with the state institutions that it represents in defense are not clearly defined, nor are those relating to the procedure to be followed before the different courts”.
AJE better fixed
The legal basis of the AJE is a law introduced in the National Assembly. The latter grants the Agency, “more extensive powers in the monopoly of the defense of the direct pecuniary interests of the State, within the meaning of the law, before all national or international courts and in arbitration”.
The said law also establishes “the rules which must organize its collaboration with the state institutions that it represents in defense”.
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