V.
JURISDICTION
25.
The Court observes that Article 3 of the Protocol provides as follows:
1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it
concerning the interpretation and application of the Charter, this Protocol and any other
relevant Human Rights instrument ratified by the States concerned.
2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall
decide.
26.
The Court further observes that in terms of Rule 39(1) of the Rules "[t]he Court
shall conduct preliminary examination of its jurisdiction ..."
27.
Therefore, the Court must first ascertain its jurisdiction in accordance with the
Charter,
the
Protocol
and
the Rules,
and
dispose
of objections,
if any,
to its
jurisdiction.
A. Objection to the Court’s material jurisdiction
28.
The Respondent State raises an objection to the material jurisdiction of the Court
because the Application is primarily based on allegations that it violated Article
30 of the Protocol.
29.
According to the Respondent State, the Applicants are seeking the Court to order
the suspension of the application of Law N° 2019-708 of 5 August 2019 on the
recomposition of the IEC, as long as it is not amended to be compliant with the
Court's judgement of 18 November 2016.
30.
This
means,
in the
view
of the
Respondent
State,
that the Applicants
are
requesting the Court to monitor the execution of its judgments despite there being
no
provision,
either
in the
competence on the Court.
Charter
or in the
Protocol,
that confers
such
a