constitutes the Constitution and the Charter”16. Through this procedure, the
Constitutional Court of the Respondent State is required to verify that the
laws are consistent with human rights instruments17.
51. In the present case, the Applicant alleges human rights violations that derive
from Law No. 2018-16 of 4 January 2018 on the status of the judiciary, Law
No. 2018-02 of 2 July 2018 of the Supreme Council of the Judiciary, Law
No. 2019-40 of 7 November 2019 amending the Constitution and Law
No.2019-43 of 15 November 2019 on the Electoral Code. All of these laws
were, at the behest of the President of the Republic pursuant to Article 121
of the Constitution, reviewed by the Constitutional Court a priori and were
declared constitutional, respectively, by the Constitutional Court’s Decisions
Nos. DCC 18-141 of 18 June 2018, DCC 18-142 of 18 June 2018, DCC 19504 of 6 November 2019 and DCC 19-525 of 14 November 2019.
52. In view of the foregoing, the Court considers that it would not be reasonable
to direct the Applicant to submit to the Constitutional Court issues on which
the same court has already ruled.
53. Accordingly, the Court finds that the Applicant exhausted local remedies in
respect of the alleged violations in relation to the impugned legislation and
that in this respect the Application meets the requirement of Rule 50(2)(e).
vi.
On the requirement to file the Application within a reasonable time
54. With regard to the requirement under Rule 50(2)(f) that the application
should be filed within a reasonable time, the Court recalls that it has taken
High Council of the Republic (HCR) of Benin sitting as Constitutional Court, Decision 3DC of 2 July
1991.
17 Sébastien Germain Marie Aikoué Ajavon v. Republic of Benin, ACtHPR, Application No. 062/2019,
Judgment of 4 December 2020, §§ 102.
16
18