52. The Court also take cognisance of Article 45 of the said Law No. 97-010 of
11 February 1997 on the organic law setting the rules for the organisation
and functioning of the Constitutional Court as well as the procedure before
it,19 the Applicants lack standing to bring an action before the Constitutional
Court challenging compliance of domestic laws with international
obligations. Furthermore, there is nothing on record to indicate that the
Applicants had a judicial remedy available to them in the legal system of the
Respondent State.
53. In view of the foregoing, the Court holds that there were no local remedies
available to the Applicants as regards the compatibility of Articles 125 and
127 of the Law of 12 July 2012 with human rights instruments ratified by the
Respondent State.
54. Consequently, the Court dismisses the Respondent State’s objection and
holds that Applicants exhausted local remedies.
B. Other conditions of admissibility
55. The Court notes that the Parties do not dispute that the present Application
complies with the conditions set out in Rule 50(2) (a), (b), (d), (f) and (g) of
the Rules. Nonetheless, the Court must satisfy itself that these conditions
are met.
56. In this regard, the Court notes, in accordance with Rule 50(2)(a) of the
Rules, that the Applicants have clearly indicated their identity.
Ibid, article 45: “Organic laws adopted by the National Assembly must be transmitted to the
Constitutional Court by the Prime Minister before they are promulgated. The letter of transmittal must
indicate, where appropriate, that it is urgent. Other categories of law may be referred to the Constitutional
Court before promulgation by the President of the Republic, the Prime Minister, the President of the
National Assembly or one tenth of the deputies, the President of the High Council of Local Authorities
or one tenth of the National Councillors, or the President of the Supreme Court.
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