constitution

Increased Independence of Judicial Power


  • The amended Constitution has enshrined the independence of the judiciary and has entrusted the President of the Republic with guaranteeing such independence;

  • According to Article 153, a constitutional law will define the organization, operation and other attributions of the Supreme Court, as well as those of the Council of State and the Court of Arbitration;

  • The Supreme Council of the Judiciary will henceforth enjoy administrative and financial autonomy and will no longer be affiliated with the Ministry of Justice (Article 157);

  • The amended Constitution reiterates the principle according to which "A judge obeys the law only" as it underscores that "A magistrate is protected against any form of pressure, intervention, or deliberate action intended to hinder the pursuit of his/her mission and the observance of his/her impartiality";

  • This constitutional protection is similarly applicable to lawyers who will enjoy legal guarantees offering them protection against any form of pressure and enabling them to practice hindered and within the framework of existing laws.