Independence of the Judiciary means that every judge can independently make decisions to resolve a case brought before his/her court, fairly and impartially, free of any undue interference from any external party, including from other judges, regardless of their authority, whether institutions or persons. It also means that the financial and administrative independence of the whole judicial body must to be protected and promoted by an independent Judicial Supreme Council, without interference from any other  person or institution.

The independence of the judiciary is protected by appropriate guarantees for (i) the selection of judges based on merit and integrity; (ii) protection from undue decisions for their advancement, appointments and movement within the various courts; and (iii) protection from abusive removal, while subjecting them to appropriate inspection and discipline.

Judges must also be guaranteed in the exercise of their freedom of expression and right to form associations in accordance with international standards.

The laws that regulate the judiciary should be reviewed and amended to achieve the desired independence.  This includes the judicial courts (a draft law is being currently discussed in parliament), the Constitutional Council, the administrative courts (State Council), the financial courts (Court of Accounts), and the military courts. The membership, the mode of appointment or election and the authorities of the Judicial Supreme Council are also included in the suggested modifications.

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