National Assembly (the deputies and the executive)35 with a view to amend or delete the provision of the law which would possibly be declared unconstitutional by the Constitutional Court. 129. In any case, the Court notes that in accordance with Article 44 of Law No. 2022-9 of 27 June 2022 on the Organic Law on the Constitutional Court, laws which are ruled unconstitutional upon referral pursuant to either Article 121 or Article 122 of the Constitution, have similar consequences since, in the case of the first referral, the draft law cannot be passed and, in the case of the second referral, the impugned provision is null and void36. In both cases, therefore, the censured provision is of no effect. 130. The Court therefore considers that the citizens of the Respondent State have an effective and efficient remedy for the protection of their human rights. ii. Judges 131. The Court recalls that under Article 17 of the Organic Law on the HJC, the HJC has the status of a judges’ disciplinary council and that the applicable sanctions and disciplinary procedure are spelt out in the Law pertaining to the status of the judiciary. 132. The Court also notes that it emerges from Article 20(3) of the HJC Act and Article 68 of Act No. 2001-35 of 21 February 2003 pertaining to the status Article 105 of the Constitution " Laws shall be jointly initiated by the President of the Republic and the members of the National Assembly ...” 36 Article 44 "In the event that the Constitutional Court declares the law before it to contain a provision contrary to the Constitution without at the same time noting that it is inseparable from the law as a whole, the President of the Republic may either promulgate the law with the exception of this provision or ask the National Assembly for a new deliberation. In the same way, when the Court is seized by a citizen declares that a law, a regulatory text or an administrative act is contrary to the provisions of the Constitution, these laws, texts or acts are null and void.” 35 36

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