CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ blocking important anti-corruption laws that would restore the authority of the state. Add to this the numerous and persistent rumours of corruption in the national Parliament and there can be hardly any doubt that there is an urgent need for a programme to restore the image of Parliament and to build its capacity. 222. The independence of the judiciary. The independence of the judiciary should be understood as the independence of all the courts. This includes special courts like the High Court of Justice and the Constitutional Court, which hears cases of violations of human rights. 223. The independence of judges in Benin is guaranteed by important laws like the constitution; Establishment Act 94-027 of 15 June 1999 on the JSC; Law 2001-35 of 21 February 2003, which establishes the judiciary; and the acts establishing the Constitutional Court, the High Court of Justice and the Supreme Court. The new statutes for members of the Supreme Court are in the process of being adopted. 224. Judges in Benin, for the most part, are not subjected to temporary mandates for the exercise of their functions. They are appointed for life. Only the president of the Supreme Court and members of the Constitutional Court and the High Court of Justice are appointed for a fixed term. Judges of the Constitutional Court and the High Court of Justice are not necessarily members of the national legal service, but the security of their jobs is guaranteed by the principle of irremovability. This is one feature that is accepted by all legal systems as evidence of the independence of the judiciary of a country. It is enshrined in Article 115 Paragraph 4, Article 126 Paragraph 2, and Article 133 Paragraph 2 of the Constitution. 225. Pursuant to Law 2001-35 of 21 February 2003, which establishes the judiciary, the appointment of a judge can only be terminated on disciplinary grounds and in accordance with specified procedures (also used for state prosecutors) by the JSC. 226. Some provisions of the constitution, however, make the independence of the judiciary relative. In terms of Articles 127-130, the president of the republic is also the head of the Executive. He guarantees the independence of the courts and appoints judges. The constitution gives the JSC – which is the body that disciplines judges – the role of assistant and adviser to the president. The minister of justice shares the vice-chairmanship of the JSC together with the president of the Supreme Court. He nominates judges for appointment, and initiates and conducts investigations into disciplinary matters concerning judges brought before the JSC. The strong presence of the Executive on the JSC and the subordinate role of the JSC – the body that guarantees and preserves the independence of the judiciary – are serious violations of the principles of the separation of powers and the independence of the judiciary. 227. It is thus very appropriate that the Constitutional Court has endeavoured to make up for the gaps in the conditions governing the independence and irremovability of judges. The Constitutional Court has ruled that the approval 96