مدى تحقق استقلالية المؤسسة القضائية في ظل التعديل الدستوري الأخير 30 ديسمبر 2020 مع الاستدلال بالنموذج الأمريكي في مجال استقلالية القضاء

Abstract EN

The constitutional amendment of 2020 is a qualitative leap in the independence of the judicial institution, especially article 180 of the Constitutional Amendment, which freed the Supreme Council of the Judiciary from the dominance of the executive institution, removing the President of the Republic and the Minister of Justice from the composition of the Supreme Council of the Judiciary is tantamount to The first step in the way of the independence of the judiciary and the practical embodiment of the principle of separation of powers.

However, there is still a long way to go to gain the independence of the judicial institution.

The composition of the Supreme Judicial Council continues to suffer from a defect within it, with the presence of persons who do not belong to these The judicial institution is within it, and the rest of the constitutional institutions have imposed on it, which brings us back to the dialectic of the extent to which the principle of separation of powers is actually enshrined in this intervention.