ARTICLE 26 The Independence of the Judiciary 615. Article 26 of the Charter relates to the responsibility of the States « to guarantee the independence of the courts and shall allow the establishment and the improvement of the appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter ». 616. In Tunisia, the Tribunals and law Courts are independent and are only answerable to the Constitution and to the law, whether they fall under judiciary jurisdiction or administrative jurisdiction. The courts of limited jurisdiction are prohibited. 617. The independence of the judiciary is guaranteed by the Constitution, whose Article 65 stipulates categorically that « the judiciary authority is independent; the magistrates are only subjected to the authority of the law in the exercise of their duties ». 618. This independence is moreover concretized at the level of the definition of the role of the Supreme Council of the Magistracy which operates as a guarantor of the independence of the Magistrates. In effect, this body is not only required to issue simple opinions, but also to taken binding decisions, notably in matters of appointment, promotion, transfers and discipline in conformity with Article 67 of the Constitution. 619. Within the framework of the strengthening of the independence of the judiciary, instructions had been given for the setting up of Committee from within the Supreme Council of the Magistracy, responsible for examining the means likely to improve the status of the Magistrates. This Committee had advocated the improvement of the status of the Magistrates so as to strengthen the independence of the judiciary, to guarantee the efficiency of the judicial activities and protect the rights of those brought to justice. 620. In the same spirit and in the context of the interest given to the material and moral conditions of the Magistrates in the exercise of their duties, a new allowance had been established for their benefit, known as « duty allowance ». The Magistrates also benefited, in the context of the programme every three years, from an increase in « the justice allowance ». Likewise, it had been decided to improve the situation of the President and Public Prosecutors of the Court of Appeal, as well as the working conditions of the Magistrates occupying similar functions and the First Class Magistrates having spent six years in that grade. 621. The supremacy of the law, the establishment of justice and equity within the rule of law and in the institutions constitute the steadfast choices of Tunisian policy. To concretize these choices the action of bringing justice closer to the citizen, of consolidating judicial guarantees and the strengthening of the independence of the judiciary is pursued. 622. Furthermore, in the context of the simplification of the systems and of the judicial procedures, there is need to mention the contribution of the various 128

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