CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE _____________________________________________________________________ 237. The CSM makes proposals on the appointment and assignment of judges of the Court of Annulment, the State Council and the Audit Office, and in respect of those of the first presidents of the Court of Appeal. Furthermore, it gives its opinion on the proposals of the minister of justice concerning the appointment of other judges. As for prosecutors, they are appointed and assigned on the basis of proposals by the minister of justice. The CSM, while ensuring the independence of the judiciary, rules on the promotion of judges and constitutes the disciplinary body in respect of judges. The new status of the judiciary involves major innovations. Among other things, the judiciary carries out a hierarchy of functions, and the principle of depoliticisation of the judiciary has been laid down. 238. Aware of the dysfunctionalim of the justice system, the government, with the support of TFPs, is implementing an action plan to reform such system. The funding of the plan is valued at CFAF 21,196,028,937. The objectives targeted are those of institutional strengthening, expanding access and enhancing the effectiveness of justice. It is within this framework that the following, among other things, have been achieved: the construction of major infrastructure, equipping of the courts and the recruitment of new judges (i.e. 30 judges per year from 2001 to 2006). In addition, magistrates are provided with ongoing training to ensure greater effectiveness of judicial decision-making. However, the resources allocated to the courts remain limited and, despite efforts made by the government to improve the situation, the justice system’s credibility deficit is far from being eliminated. Often, there are accusations that independence, impartiality and efficiency are lacking. In addition, the CSM remains largely under the influence of the Executive. Moreover, in the current political context, the flexibility of judges seems particularly limited, because of their vulnerability in terms of careers. The redrafting of Law 035-2001 on the CSM is therefore essential in order to create confidence in the judiciary, especially as regards its independence. ii. Conclusions of the CRM Separation and balance of powers 239. 120 The principle of separation of powers is implicitly enshrined in the constitution, which makes provision for the organisation of authority into three separate powers, each of which is the subject of a separate title. On the other hand, the principle of balance of power is not adhered to, for the Executive is dominant and is hardly limited by the legislature and the judiciary, both of which are weak as regards checks and balances. This can be seen from texts and in practice. The CSAR rightly stresses the option of the 1991 drafters of the constitution for a lopsided regime it describes as ‘presidential’, stating that this form of government is better suited to young African states. This may seem like mistrust for the classic principle of the separation and balance of powers, a principle that serves as an assessment benchmark of the APRM.