Concours ENMG — Filière Administrative (magistrat administratif)

Under Article 3 of Madagascar's Loi n° 2016-055 portant Code des Marchés Publics, which principles govern public procurement?

• APreference for incumbent suppliers, confidential awards, and automatic renewal
• BLowest price, domestic ownership, and advance payment in every procurement
• CFreedom of access to public procurement, equal treatment of candidates, and transparency…
• DMinisterial discretion, secrecy of bids, and exemption from competition

Which description best captures the regulatory function of Madagascar's Autorité de Régulation des Marchés Publics (ARMP)?

• AIt signs every public contract in place of the contracting authority
• BIt supports regulation and oversight of procurement, including review mechanisms distinct…
• CIt audits only private consumer purchases
• DIt replaces the administrative courts for every contract dispute

Under Article 150 of the 2010 Constitution, what is the State representative's role concerning acts of decentralized territorial collectivities?

• ATo substitute personal policy choices for every local decision
• BTo approve every local act before debate
• CTo exercise the local executive power permanently
• DTo safeguard national interests, ensure respect for law, and exercise administrative cont…

What must be distinguished when a public authority limits a freedom to protect public order?

• AA necessary and proportionate police measure from a general or excessive prohibition
• BA criminal conviction from a parliamentary vote
• CA private contract from a tax return
• DA constitutional amendment from a treaty

A party or coalition holding the National Assembly majority presents a candidate for Prime Minister. Under Article 54, which authority makes the formal appointment?

• AThe electorate in a separate nationwide ballot
• BThe Senate acting alone
• CThe President of the Republic
• DThe Haute Cour Constitutionnelle

Which consultations must precede a presidential dissolution of the National Assembly under Article 60?

• AOnly the Minister of Justice
• BThe Prime Minister and the Presidents of the National Assembly and Senate
• CAll mayors and regional governors
• DThe Cour de Cassation and Cour des Comptes

What is the composition of the Haute Cour Constitutionnelle under Article 114?

• ASeven members elected only by the National Assembly
• BTwelve members appointed only by the Government
• CFifteen members delegated by Courts of Appeal
• DNine members: three appointed by the President, two elected by the National Assembly, two…

What legal force do HCC decisions have under Article 120?

• AThey are not subject to appeal and bind public powers and administrative and judicial aut…
• BThey are advisory unless approved by the Senate
• CThey may be reversed by an ordinary decree
• DThey bind only parties who paid a filing fee

A claimant files a recours pour excès de pouvoir against an administrative decision. What is the default effect on enforcement while the case is pending?

• AFiling automatically annuls the decision
• BThe decision remains enforceable unless the competent court grants a stay or a text provi…
• CFiling converts the decision into a private contract
• DThe claimant may disregard every related legal duty

What is the ordinary first-instance role of Tribunaux Administratifs under Loi n° 2001-025?

• AThey hear only criminal felonies by officials
• BThey issue only non-binding opinions
• CThey hear administrative disputes in first instance within their territory, subject to ma…
• DThey review statutes before promulgation

When the Conseil d'État hears an appeal from a Tribunal Administratif, what does appellate review ordinarily permit?

• AA new criminal prosecution
• BReview only of spelling mistakes
• CAutomatic confirmation
• DRe-examination of the dispute in fact and law within the appeal

What is the central purpose of a recours pour excès de pouvoir (REP)?

• ATo obtain annulment of an unlawful administrative decision
• BTo negotiate a private sale
• CTo imprison the decision's author
• DTo amend the Constitution

What equality rule appears in Article 6 of Madagascar's Constitution?

• AOnly public officials are equal before law
• BEvery situation must be treated identically
• CAll individuals are equal before law and enjoy the same fundamental freedoms without disc…
• DEquality applies only during elections

Which protection is stated in Article 8 of the Constitution?

• AA right to ignore final judgments
• BA right to public office without conditions
• CA power to order torture during emergencies
• DProtection of life and prohibition of torture and cruel, inhuman, or degrading treatment

Under Article 9, which branch is the guardian of individual liberty?

• AThe judicial power
• BThe procurement regulator
• CThe central bank
• DThe National Assembly finance committee

How should Article 10's protection of information and press freedom be read?

• AAs unlimited immunity from every law
• BAs a protected freedom exercised under law with respect for others' rights and public ord…
• CAs a power reserved to state media
• DAs permission for prior censorship of every publication