74. It is therefore for the Court to assess whether such guarantees exist within
the HJC.
75. The Court notes that the (new) Article 1 of its parent law, the HJC comprises
fifteen (15) members including four (4) ex officio members coming directly
from the executive branch, namely, the President of the Republic, the
Minister of Justice, the Minister of Civil Service and the Minister of Finance.
The President of the Republic appoints four (4) other members selected
from outside the judiciary26. It should be noted that these persons appointed
from outside the judiciary and their alternates are appointed from a list of
seven (7) full members and seven (7) alternates designated by the Bureau
of the Respondent State’s National Assembly.
76. It also notes that the President of the Republic is the President of the HJC
while the Keeper of the Seals is the second vice-President. The Court also
notes that the President of the HJC has the casting vote in the
deliberations.27
77. Moreover, according to Article 127 of the Constitution28 and Article 11 of the
law on the HJC29, the HJC assists the president of the Republic in his
mission as guardian of the independence of the judiciary. For the Court,
Ex-officio members by right: The President of the Republic, President; The President of the Supreme
Court, First Vice President; The Keeper of the Seals, Minister of Justice, Second Vice President; The
Presidents of the Chambers of the Supreme Court, members; The Prosecutor General of the Supreme
Court, member; A President of a Court of Appeal, member; A Public Prosecutor of a Court of Appeal,
member; The Minister of Public Service, member; The Minister of Finance, member; The other
members: Four (4) personalities from outside the judiciary, two (2) magistrates including one (1) from
the public prosecutor's office. Non-ex-officio members are appointed by decree of the President of the
Republic.
27 Article 13 of the law on the HJC Act: "In the event of a tie, the President shall have the casting vote".
28 Constitution of 2 December 1990, Article 127(2): "The President of the Republic shall guarantee the
independence of the judiciary. He is assisted by the High Judicial Council "
29 Article 11 of the law on the HJC "the High Judicial Council assists the President of the Republic in his
mission as guarantor of the independence of the judiciary; to this end, it is consulted on any question
concerning the independence of the judiciary and the security of judges.
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