ii. Annulment of laws adopted in violation of the independence of judicial
and legislative bodies
117. The Court notes that in the present case, it has found a violation of Article
26 of the Charter on account of the suspension of the High Judicial Council
and the ineffectiveness of the Constitutional Court. Even if the Applicant
does not expressly request it, the Court considers that the Respondent
State should take the necessary steps to establish the Constitutional Court,
repeal Decree-Law No. 2022-11 of 12 February 2022 and restore the High
Judicial Council.
118. With regard to the restoration of the Assembly of People’s Representatives,
the Court considers that the election of the people’s representatives in the
polls of 17 December 2022 and 29 January 2023 renders the request moot.
IX.
COSTS
119. The Court notes that none of the parties submitted on costs.
120. Under Article 32(2) of the Rules, “unless otherwise decided by the Court,
each party shall bear its own costs, if any”.
121. The Court considers that, in the instant case, there is no reason to depart
from the principle laid down in that provision. accordingly, the Court decides
that each party shall bear its own costs.
X.
OPERATIVE PART
122. For these reasons,
THE COURT,
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