in the decision by opposition
parties to withdraw from the discussions which
undermined the inclusiveness of the reform process. According to the Applicants,
the absence
adequately
of such
terms
of reference
prepare for the discussions
prevented
the opposition
and prevented
them from
parties to
knowing
the
209. The Applicants also challenge that the criteria for selecting which CSOs
are
conclusions of each round of discussion.
allowed to participate in the legislative reform were not clearly defined. They put
forward
that
the
participating
CSOs
lacked
proven
competence
and
independence.
210. The Applicants note that all the amendments
proposed
by the parliamentary
opposition were simply rejected and that this could be considered as an abuse of
majority power. Furthermore, the Applicants also observe that the new impugned
law includes elements that were not subjected to previous political consultations.
211. Furthermore, the Applicants claim that the adopted law was never made available
to the various parliamentary groups to enable them to lodge an appeal with the
Constitutional Council. They contend that it is for that reason that the sixty-six
(66) opposition members that brought the matter before the Constitutional Court
only
presented
the
amended
draft.
This was
subsequently
the
reason
the
Constitutional Council found in its decision of 5 August 2019 that their Application
is inadmissible, since it cannot decide on draft laws.
212. The Applicants also challenge the subsequent hasty promulgation of the law and
claim that it undermined the democratic nature of the legislative reform process,
especially
because
constitutionality
of
it prevented
the
law.
The
the opposition
Applicants
parties
submit
from
that
the
challenging
new
law
the
was
promulgated the same day the members of parliament submitted the petition to
the Constitutional Council to challenge the law.
213. The Applicants similarly contend that the adoption by government of a new law
on 4 March 2020 to alter the composition of the Respondent State’s electoral
body by an Order of the President also reveals its lacking democratic nature.
46