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. 26 24

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