120. The Applicants also assert that the modifications of the impugned law do not have
a material effect on the arguments put before the Court, because even with the
amendments,
impartial
the
electoral
impugned
body
as
law still fails to establish
required
by
the
an
independent
abovementioned
human
and
rights
instruments to which the Respondent State is a Party.
121. They further contend that the modifications to the law and the manner in which it
was altered, strengthens their argument that the law of 2019 failed to establish
an independent and impartial electoral body and that the unilateral amendment
of the law by the government without any form of dialogue
underscores the
dependence of the electoral body on the government.
122. Finally, the Applicants note that they also base their argument on provisions of
the impugned
law that have not been amended by the Order N° 2020-306 of 4
March 2020. For example, the Applicants argue that the electoral body also lacks
administrative
and
financial
autonomy
and
the
provisions
regulating
these
matters have not been altered by the Order N° 2020-306 of4 March 2020.
kik
123. The Court notes that the instant Application concerns the alleged violation of the
Respondent State’s obligation to establish an independent and impartial electoral
body.
124. The Court also notes that the Applicants as well as the Respondent State have
referred at different times in their submissions to the general legal framework
governing the structure and functioning of the electoral body. For example, the
Applicants
refer to Article 40 of the
Law
on the Composition,
Organisation,
Powers and Functioning of the IEC of 9 October 2001 (which has subsequently
been modified) to challenge its financial autonomy.
State refers to Article 1(2) of the same
Whereas
the Respondent
law to support its argument that the
electoral body is institutionally independent. The Court observes that neither of
these two Articles have been amended by Law N° 2019-708 of5 August 2019 on
the recomposition of the IEC nor by Order N° 2020-306 of 4 March 2020.
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