CSCCA notice to public institutions on the prior opinion required for draft state contracts, 3 September 2026
- Every draft contract to which the Haitian State is a party must be submitted to the CSCCA for a reasoned prior opinion, under article 200-4 of the amended 1987 constitution and article 5, paragraph 3 of the decree of 23 November 2005.
- The Court states that it does not intervene on contracts already executed or under execution, so a commitment signed first cannot be regularised afterwards.
- Any commitment entered into outside the legal prescriptions cannot be taken into account by the Court.
- 18 September 2026 is the deadline for submitting draft contracts intended to take effect during fiscal year 2025-2026.
The notice is short and it is the whole of the Court's public position on prior contract control for the fiscal year. It cites article 200-4 of the amended 1987 constitution and article 5, paragraph 3 of the decree of 23 November 2005 establishing the Court's organisation and functioning, and on that basis restates that every draft contract to which the State is a party must come to the Court for a reasoned prior opinion.
Three operative statements follow. The Court does not intervene on contracts already executed or under execution. Any commitment entered into outside the legal prescriptions cannot be taken into account by the Court. And 18 September 2026 is the deadline for submitting draft contracts intended to take effect during fiscal year 2025-2026.
Read against the Court's own opinions on individual contracts, which the corpus holds as the series cscca-avis-contrats, this is the rule those opinions are issued under and the cut-off past which a ministry that has already signed has no route back. It is signed by the Court's President, Rogavil Boisguêné.
How to cite
Superior Court of Accounts and Administrative Disputes (CSCCA), CSCCA notice to public institutions on the prior opinion required for draft state contracts, 3 September 2026, https://cscca.gouv.ht/
- Rights holder
- Cour Supérieure des Comptes et du Contentieux Administratif (CSCCA)