sector and it is on his proposals that magistrates are presented for
appointment by the President of the Republic.
82. In the light of the above, the Court finds that the appointment procedure and
the composition of the HJC are skewed in favour of the executive power and
that, consequently, the conditions for the independence of the HJC are not
met.
83. Consequently, the Court considers that the Respondent State violated
Article 26 of the Charter.
B. On the alleged violation of the right of judges to strike
84. The Applicant asserts that the prohibition of judges from striking by Article
20 of Law No. 2018-01 of 4 January 2018 on the status of the judiciary, is
arbitrary insofar as it is not justified in terms of compliance with Article 27(2)
of the Charter and does not respect the fair balance between the
requirements of the general interest of the community and the imperatives
of protecting fundamental individual rights.
85. He states that the withdrawal of this right is illegal and violates international
human rights instruments in particular Article 8 of the Charter as well as the
principle of the supremacy of the Constitution since Article 31 of the
Respondent State’s Constitution expressly guarantees the right to strike of
all persons. According to him, what is guaranteed cannot be withdrawn but
only regulated.
86. He further contends that the violation of the judges’ right to strike
consequently leads to the violation of their right to information, freedom of
opinion and of expression, their right to free association, and their right to
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