COUNCIL OF MINISTERS REGULATIONS TO PROVIDE FOR THE ESTABLISHMENT OF THE JUSTICE AND LEGAL SYSTEM RESEARCH INSTITUTE
The Council of Ministers has issued these Regulations pursuant to Article 5 to the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995.
1. Short Title
These Regulations may be cited as the “Justice and Legal System Research Institute Establishment Council of Ministers Regulations No. 22/1997.”
1. The Justice and Legal System Research Institute (hereinafter “the Institute”) is hereby established as an autonomous institution having its own legal personality.
2. The Institute shall be accountable to the Prime Minister.
3. Head Office
The Institute shall have its head office in Addis Ababa and may have branch offices elsewhere as may be necessary.
The objectives of the Institute shall be to undertake studies and research activities with a view to strengthening and modernizing the justice and legal system, with particular emphasis to:
1. Revising the laws of Country in order to:
a. guarantee the effective implementation of the Constitution;
b. ensure the prevalence of the rule of law;
c. promote economic and social development; and
2. Building the capacity and improving the efficiency of organs involved in the administration of justice.
5. Powers and Duties
The Institute shall have the powers and duties to:
1. Review existing laws of the Country and design law revision research programmes;
2. Undertake studies and research that would enable the revision of existing laws with a view to consolidating, updating and making them easily accessible to users;
3. Undertakes studies and research with a view to initiating the legislation of new laws necessary for the full-fledged development of the Country’s legal system;
4. Undertake studies to improve the efficiency of organs involved in the administration of justice;
5. Publish and distribute legal information and research publications;
6. Assist Federal and Regional organs in reforming the justice and legal system;
7. In Cooperation with the concerned organs, undertake studies necessary for the promotion of legal education and training and assist in the implementation of same;
8. Perform such other activities as may be necessary for the attainment of its objectives.
6. Organs of the Institute
The Institute shall have:
1. A Board;
2. A Director; and
3. The necessary staff.
7. Members of the Board
Members of the board, including the chairman thereof, shall be designated by the Government and their number shall be not less than five nor more than nine.
8. Powers and Duties of the Board
The Board shall have the powers and duties to:
1. Oversee and supervise the activities of the Institute;
2. Nominate a person to e appointed by the Government Director of the Institute;
3. Review and submit to the Government the work programme and budget of the Institute and, upon approval, follow up the implementation of same;
4. Review and submit to the Government justice and legal system reform proposals studied by the Institute;
5. Approve the organizational structure and internal regulations of the Institute;
6. Approve the appointment and dismissal of senior staff accountable to the Director;
7. Deliberate and decide on other policy issues submitted to it by the Director;
8. Examine and approve activity reports of the Institute.
9. Meetings of the Board
1. The Board shall hold its regular meetings once every month. Extra-ordinary meetings of the Board may be held at any time as may be necessary.
2. There shall be quorum where the majority of members of the Board are present at any meeting of the Board.
3. Decisions of the board shall be passed by the majority vote of members present at its meeting; provided, however, that the chairman shall have a casting vote in case of a tie.
10. Powers and Duties of the Director
1. The Director of the Institute shall be the chief executive officer of the Institute and shall, subject to the general directives of the Board, direct and administer the activities of the Institute.
2. Without limiting the generality of the provisions of sub-Article (1) of this Article, the Director shall:
a. Exercise the powers and duties of the Institute stated under Article 5 of these Regulations;
b. Employ and administer the employees of the Institute in accordance with the internal regulations issued by the Board;
c. Prepare and submit to the Board the work programme and budget of the Institute and implement same upon approval;
d. Effect expenditure in accordance with the approved budget and work programme of the Institute;
e. Represent the Institute in all its dealings with third parties;
f. Prepare and submit to the Board the activity and financial reports of the Institute.
3. The Director may, to the extent necessary for the efficient performance of the activities of the institute, delegate part of his powers and duties to the employees of the Institute; provided, however, that prior approval of the Board shall be required in the case of a person working on behalf of the Director for more than 30 days.
1. The budget of the Institute shall be drawn from the following sources:
a. Budgetary appropriations made by the Government;
b. Proceeds from the sale of publications;
c. Donations and assistance;
d. Any other source.
2. The funds referred to in sub-Articles 1 (b), (c) and (d) of this Article shall be deposited in a bank account opened in the name of the Institute and shall be expended for the carrying out of the activities of the Institute.
12. Books of Accounts
1. The institute shall keep complete and accurate book accounts.
2. The accounts and financial documents of the Institute shall be audited annually by the Auditor General or by an auditor appointed by him.
13. Effective Date
These Regulations shall enter into force on the date of their publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 25th day of November 1997
PRIME MINISTER OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA