The legal system of Senegal
A French-tradition civil-law system and one of the most institutionally settled in the region, with an unbroken civilian constitutional order. Commercial law is governed by the OHADA Uniform Acts; family law runs through the 1972 Code de la famille, which applies Islamic inheritance rules by election.
Legal tradition
Senegal belongs to the civil law (french tradition) tradition. A French-tradition civil-law system and one of the most institutionally settled in the region, with an unbroken civilian constitutional order. Commercial law is governed by the OHADA Uniform Acts; family law runs through the 1972 Code de la famille, which applies Islamic inheritance rules by election.
How power is divided
A strong executive presidency with a Prime Minister and Council of Ministers, a unicameral National Assembly, and a judiciary in which the Conseil constitutionnel, Cour suprĂȘme and Cour des comptes occupy separate apexes.
Where law comes from
- Constitution
- Supreme domestic norm.
- OHADA Uniform Acts
- Directly applicable; override conflicting national commercial law.
- International treaties
- Rank above ordinary statutes once ratified and published.
- Laws and ordinances
- National Assembly statutes and delegated ordinances.
- Codes
- Civil obligations, family, penal, labour and general tax codes.
- Customary and Islamic rules
- Recognised within the family code for personal status.
The legal profession
Avocats are admitted to the Ordre des avocats du Sénégal after a law degree, the CFPA professional course and a traineeship. Notaires and huissiers are separate regulated professions.
Law by topic in Senegal
- Constitutional Law2001 Constitution with a Conseil constitutionnel that has enforced electoral timetablesThe Constitution of 22 January 2001 establishes a semi-presidential republic with a five-year presidential term restored by referendum in 2016. The Conseil constitutionnel annulled the 2024 postponement of the presidential election, compelling the vote to proceed.
- Criminal LawCode pĂ©nal with the death penalty abolished in 2004 and universal jurisdiction exercisedSenegal abolished the death penalty in 2004. It hosted the Extraordinary African Chambers, which convicted Chad's HissĂšne HabrĂ© of crimes against humanity in 2016 â the first trial of a former African head of state by another African state's courts.
- Employment & LabourCode du travail 1997 with a 40-hour week and strong collective agreement coverageLoi n° 97-17 sets a 40-hour week and requires inspectorate authorisation for economic dismissal. The Convention collective nationale interprofessionnelle supplements the Code across most sectors, and union density in the formal sector is comparatively high.
- Family LawCode de la famille 1972 permitting an election of monogamy or polygamyThe 1972 Code de la famille requires the husband to elect monogamy, limited polygamy or full polygamy at marriage, an election recorded and binding. Marriage age is 18 for men and 16 for women. Succession may be governed by either the Code's rules or Islamic law.
- Tax LawCode général des impÎts 2012 with 18% VAT and a new petroleum fiscal regimeVAT is 18% and corporate tax is 30%. The 2019 Petroleum Code introduced production sharing with state participation through Petrosen, and a 2022 law governs the allocation of petroleum revenue to an intergenerational fund.
- Civil ProcedureCommercial courts since 2017, with CCJA appeal on Uniform Act pointsLoi n° 2017-25 created specialised commercial courts in Dakar with an appellate commercial chamber. General civil procedure follows the Code de procédure civile, and enforcement runs through the OHADA Uniform Act.
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan â not the national supreme court â is the final instance on their interpretation. Dakar has dedicated commercial courts created in 2017, and the Cour d'Appel de Commerce hears commercial appeals. Petroleum and gas legislation adopted from 2019 governs the Sangomar and Grand Tortue developments.
- Property & LandLoi sur le domaine national 1964 vesting most land in the stateLoi n° 64-46 placed unregistered land in the domaine national, administered by rural councils that allocate use rights. Titling is possible but limited, and urban land pressure in Dakar drives most litigation.
- Immigration & NationalityECOWAS free movement with a carte de séjour regime and significant diaspora lawECOWAS nationals enter visa-free for 90 days; others require a visa. Senegal is notable for extending voting rights and parliamentary representation to its diaspora, which has dedicated National Assembly seats.
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