*
138. The Respondent State requests that the Application be dismissed as to form
and substance.
***
139. The Court recalls that in its judgment in Brahim Belghith v. Republic of
Tunisia,26 it ordered the Respondent State to operationalise its
Constitutional Court within two years of the judgment. However, the timelimit of two years afforded the Respondent State has elapsed and, as at the
time of the present judgment, there is no evidence that the Respondent
State has implemented the said order.
140. Considering the potential of further violations owing to the nonimplementation of the said order, the Court reiterates its decision in Brahim
Belghith v. Republic of Tunisia on the need and urgency to operationalise
the Constitutional Court. As such, this Court deems it fit to reiterate the order
that the Constitutional Court should be operationalised immediately and
without further delay.
141. Accordingly, the Court orders the Respondent State to take all measures to
operationalise the Constitutional Court and to ensure its effective operation
immediately without further delay.
ii. Publication
142. The Parties do not make any submission on publication.
143. However, the Court considers that publishing this judgment is justified on
grounds that are firmly established in its practice and by the particular
26 Brahim Belghith v. Republic of Tunisia, Application No. 017/2021, Judgment of 22 September 2022
(merits and reparations), § 100.
37