THE INDEPENDENCE OF THE SJC IN THE LIGHT OF THE CONSTITUTIONAL REFORM OF 2020
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Abstract
This study aims to demonstrate that the 2020 constitutional amendment is a significant milestone in the constitutional reforms initiated by the constitutional founder since the 1996 amendment. It includes qualitative additions to ensure and support the independence of the judiciary, provided that they are effectively implemented in practice. However, some organisational and functional obstacles remain, such as the appointment of judges, the chairmanship of the Supreme Judicial Council and the influence of the President of the Republic on the exercise of his powers, as well as his powers to grant pardons, commute sentences and amend judgments.
The study concludes that the independence of the judiciary remains relatively constrained by the President of the Republic’s chairmanship of the SJC, his power to appoint judges, the exercise of the President’s power of pardon and the potential restrictions imposed on the judiciary by the Minister of Justice. Strengthening the principles of the new republic therefore requires eliminating the dominance of the executive over the judiciary and giving the judiciary a new status in its relationship with the legislative and executive branches, since it is an essential component of a state governed by the rule of law.
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