147. In the instant case, the Court does not find any reason for departing from its
established practice and thus orders that each Party will bear its own costs.
X.
OPERATIVE PART
148. For these reasons:
THE COURT
Unanimously:
On jurisdiction
i.
Dismisses the objection to its jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
iii. Dismisses the objection to the admissibility of the Application;
iv. Declares that the Application is admissible in relation to the alleged
violations of sections 6(1) and 7(1), 7(2), 7(3) of the NEA.
On merits
By a majority of Nine (9) for, and One (1) against, Justice Rafaâ BEN
ACHOUR dissenting,
v. Finds that the Respondent State has not violated Article 2 of the
Charter;
vi. Finds that the Respondent State has not violated Article 3 of the
Charter in so far as section 6(1) of the NEA restricts the appointment
of the Director of Elections only to candidates from the civil service;
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