PREAMBLE
We, the sovereign Tunisian people, having reached an unprecedented historic rise starting from December 17th, 2010, in our revolution against injustice, tyranny, starvation, and deprivation of all the necessities of life,
We, the Tunisian people, having shown patience and endurance for more than a decade after this blessed revolution, did not relent in seeking our legitimate demands for work, freedom, and national dignity. Yet we received nothing but fake slogans and empty promises while corruption spread even more and the usurpation of our national resources and public funds went on unpunished. It became necessary, out of our deep feeling of historic responsibility, therefore, to correct the direction of the revolution and even that of history itself. And, indeed, that is what happened on July 25th, 2021, the date of the declaration of the Republic.
We, the Tunisian people who have given countless martyrs for emancipation and freedom and whose pure and blessed blood mixed with the soil of this blessed land to dye it in the colour of the national flag.
And we have expressed our will and major choices through the national consultation in which hundreds of thousands of male and female citizens in Tunisia and abroad participated, and after examining the results of the national dialogue so that no one may monopolise opinions and no party may dictate alone the direction.
We the Tunisian People
Approve this new constitution for a new Republic without forgetting our history that is laden with glories, sacrifices, pains, and heroism.
Our dear country has known countless liberation movements, not least of which is the intellectual emancipation movement that took place in the 19th century, followed by a national liberation movement in the beginning of the 20th century until Tunisia obtained its independence and got rid of foreign hegemony.
It started off as an intellectual liberation movement then turned into a national liberation movement, then the revolutionary explosion took place on December 17th 2010, followed by a corrective movement launched on the 64th anniversary of the Republic to cross into a new age in history, from despair and frustration to hope, work, and aspiration, to the age of the free citizen in a free and fully sovereign nation, to the age of achieving justice, freedom, and national dignity.
We promulgate this constitution as we draw inspiration from the glories of the past and its pains and as we look forward to a better future for us and for generations that will come after us to raise the national flag higher and higher on every arena and under every sky.
We consent to this constitution as we recall our deep constitutional history from the constitution of Carthage to the Fundamental Pact of 1857, and to the declaration of the rights of the sovereign and the subjects and the state of Tunisia’s law of 1861, as well as the constitutional texts that Tunisia knew after independence.
Some saw limited success while others were perverted to give fake formal legitimacy to rulers.
And as we recall this constitutional history of Tunisia, honesty requires that we emphasize that one of the most important constitutional texts that Tunisia has known was Al-Mizan (the scale) of the beginning of the 17th century and which was known to the people back then as “The Red Ledger” as its cover was red. It was written by Tunisians who believed in the importance of justice symbolized by the scale. This book was distributed to inhabitants who sought refuge in its provisions whenever they expected unjust treatment from those who were called “nobles”.
We the Tunisian People,
We strive through this constitution to achieve justice, freedom, and national dignity. For there can be no social peace without justice, no dignity for man without true freedom, and no glory for the nation without full sovereignty and real independence.
We are laying the foundations for a new constitutional order that stands not only for the rule of law but also for the society of law so that legal rules genuinely express the will of the people. That way, the people interiorize them and personally ensure that they are enforced and stand in the way of anyone who tries to break them or violate them.
As we promulgate this new constitution, we believe that true democracy cannot succeed unless it is a political democracy bolstered by an economic and social democracy by giving the citizen his right to free choice and to hold accountable those he chose as well as his right to a fair distribution of national resources.
We the Tunisian People,
Affirm, again, that we belong to the Arab Ummah and our commitment to the humanist dimensions of Islam. We also affirm our belonging to the African continent, whose name can be traced back in its roots to the ancient name of our dear country.
We are a people that refuse to see our country join foreign alliances and we also reject foreign interventions in our internal affairs. We are committed to international legitimacy and we support the legitimate rights of people who, under this legitimacy, have a right to self-determination, foremost among these people is the Palestinian people’s right to its usurped land and its right to establish its state on it after its liberation with its capital blessed Jerusalem.
We the Sovereign Tunisian People,
Reaffirm our commitment to establishing a political regime based on the separation between the legislative, executive, and judicial functions and the creation of a true balance between them. We also reaffirm that the Republican regime is the best regime to preserve the sovereignty of the people and the distribution of our national resources on a fair basis between all male and female citizens.
We shall relentlessly strive so that economic and social development are continuous without interruption or relapse in a healthy environment that makes Tunisia the green even greener from corner to corner. For there can be no sustainable and continuous development without a healthy and pollution-free environment.
We, the Tunisian people, who on December 17th 2010 raised their cross-historical slogan, “The People Want”, promulgate this constitution as the foundation on which the New Tunisian Republic stands.
Chapter I
General Principles
Article 1:
Tunisia is a free, independent, and sovereign state.
Article 2:
The Tunisian state is governed by the Republican Regime.
Article 3:
Sovereignty belongs to the Tunisian people who practice it according to the provisions of this constitution.
Article 4:
Tunisia is a unitary state and no legislation may be passed that compromises its unity.
Article 5:
Tunisia is part of the Islamic Ummah and the state alone, within a democratic system, must endeavour to achieve the Maqasid (purposes) of Islam in the preservation of life, honour, property, faith, and freedom within the framework of a democratic regime.
Article 6:
Tunisia is part of the Arab Ummah and its official language is Arabic.
Article 7:
The Tunisian Republic is part of the Greater Arab Maghreb and works to achieve its unity within common interests.
Article 8:
The flag of the Tunisia state is red with a white circle in its middle. The circle contains a red five-pointed star surrounded by a red crescent according to law.
Article 9:
The motto of the Tunisian Republic is Freedom, Order, Justice.
Article 10:
The coat of arms of the Tunisian Republic is set by law.
Article 11:
The official anthem of the Tunisian Republic is “Humat Al-Hima”.
Article 12:
Family is the basic nucleus of society and the state must protect it.
Article 13:
The state endeavours to provide the necessary conditions for youth to develop their capacities and to provide it with all the means that enable them to contribute effectively to the comprehensive development of the country.
Article 14:
Defending the country is the sacred duty of every citizen.
Article 15:
Paying taxes and contributing to public costs is the duty of every person on the basis of justice and equity.
And every act of tax evasion is considered a crime against the state and society.
Article 16:
The natural resources of the country are the property of the Tunisian people and the state must work to distribute their revenues to all the citizens of all the regions of the country on a just and equitable basis.
Agreements and investment contracts related to national resources must obtain the approval of the Assembly of People’s Representatives and the National Congress of the Regions and Provinces.
Article 17:
The state guarantees the coexistence of the public sector and the private sector and works to achieve complementarity between them on the basis of social fairness.
Article 18:
The state must provide all the legal and material means for the unemployed to launch development projects.
Article 19:
The Public Administration and all state facilities are in the service of citizens on the basis of impartiality and equality. Any discrimination between citizens on any basis is a crime punishable by law.
Article 20:
The President of the Republic, the prime minister, the members of the government, the members of any representative Assembly, and the magistrates must declare their possessions according to law. This also applies to the members of independent commissions and anyone who occupies a high official position.
Article 21:
The state guarantees the neutrality of educational institutions from any partisan use.
Chapter II
Rights and Freedoms
Article 22:
The state guarantees for citizens, male and female, personal and civil rights and freedoms and provides them with the means for a decent life.
Article 23:
Citizens, both females and males, are equal in rights and duties and equal before the law without any form of discrimination.
Article 24:
The right to life is sacred and inviolable except in extreme cases that are set by law.
Article 25:
The state protects human dignity and bodily integrity and prevents physical and moral torture. Torture is a crime that is not subject to any statute of limitations.
Article 26:
The freedom of the individual is guaranteed.
Article 27:
The state guarantees freedom of belief and freedom of conscience.
Article 28:
The state protects religious freedoms provided they do not compromise public security.
Article 29:
The right to property is guaranteed and limitations to it can only be made in the cases and under the guarantees provided by law.
Intellectual property is guaranteed.
Article 30:
The state protects private life, the sanctity of homes, confidentiality of correspondence and communications, and personal data.
Every citizen has the freedom to choose his residence and the freedom of movement within the country and the right to leave the country.
Article 31:
It is prohibited to deprive any citizen of his Tunisian nationality, to exile him, or to prevent him from returning to his country.
Article 32:
The right to political asylum is guaranteed according to the provisions of the law and it is prohibited to extradite those who enjoy the status of political refugee.
Article 33:
The accused is innocent until proven guilty in a fair trial that has all the guarantees of the defence throughout the different stages of investigation and trial.
Article 34:
Penalty is individual and can only be imposed based on a previously enacted law except where the legal text is more lenient in favour of the accused.
Article 35:
No person may be arrested or detained except in flagrante delicto or under a judicial order. The person must be informed immediately of his rights and his charge and he may appoint an attorney. The duration of arrest and detention is defined by law.
Article 36:
Every prisoner has the right to a human treatment that preserves his dignity.
When enforcing custodial sentences, the state takes into consideration the interest of the family and works on rehabilitating the prisoner and reintegrating him into society.
Article 37:
Freedoms of opinion, thought, expression, media, and publication are guaranteed.
Prior censorship of these freedoms is prohibited.
Article 38:
The state guarantees the freedom of media and the right to access to information.
The state strives to guarantee the right of access to communications networks.
Article 39:
The rights to elect, vote, and run for elections are guaranteed according to the provisions of the law.
The state strives to guarantee the representation of women in elected assemblies.
Article 40:
The freedom to establish political parties, trade unions, and organizations is guaranteed.
In their by-laws and activities, political parties, trade unions, and organizations commit to the provisions of the constitution and the law, financial transparency, and the rejection of violence. `
Article 41:
Union rights, including the right to strike, are guaranteed.
This right does not apply to the national army.
The right to strike does not apply to magistrates, internal security forces, and customs.
Article 42:
The rights to peaceful Assembly and protest are guaranteed.
Article 43:
Health is the right of every human being.
The state guarantees the rights to health protection and health care for every citizen and provides the means necessary to ensure the safety and quality of health services.
The state guarantees free health care for those without a provider and those with a limited income. The state also guarantees the right to social security in accordance with the law.
Article 44:
Education is mandatory until the age of 16.
The state guarantees the right to public free education throughout its levels and works to provide the necessary means to achieve quality of education and training. The state also works to root the youth in their Arab and Islamic identity and their national belonging and cementing the Arabic language, supporting it, and the propagation of its use as well as opening up to foreign languages, human civilization, and spreading the culture of human rights.
Article 45:
Academic freedoms and the freedom of scientific research is guaranteed.
The state provides the necessary means for innovation and the development of scientific research.
Article 46:
Work is the right of every female and male citizen and the state takes the necessary measures to guarantee it on the basis of competence and equity.
Every citizen has the right to work in decent conditions and for a fair pay.
Article 47:
The state guarantees the right to a safe and balanced environment and to contribute to a sound climate. The state must provide the necessary means to eradicate environmental pollution.
Article 48:
The state must provide drinking water for everyone equally and must preserve water resources for the coming generations.
Article 49:
The right to culture is guaranteed.
Freedom of creativity is guaranteed and the state encourages cultural creativity and supports national culture in its authenticity and diversity in a way that promotes the values of tolerance, the rejection of violence, and openness to various cultures.
The state protects cultural heritage and guarantees the right of coming generations to it.
Article 50:
The state supports sport and endeavours to provide the necessary means for the practice of athletic and leisure activities.
Article 51:
The state commits to protecting women’s gained rights and works to support them and develop them.
The state guarantees equal opportunities in taking up responsibilities between men and women in all fields.
The state endeavours to achieve parity between men and women in elected assemblies.
The state takes the necessary measures to eradicate violence against women.
Article 52:
The state protects children’s rights and takes under its charge abandoned children and children of unknown parentage.
Children’s rights are guaranteed; parents and the state owe the child the right to dignity, health, care, and education. The state must also provide all forms of protection for all children in accordance with the best interests of the child.
Article 53:
The state guarantees help for the elderly who do not have families.
Article 54:
The state protects the handicapped from all types of discrimination and takes the necessary measures to guarantee their full integration in society.
Article 55:
No limitations may be imposed on the rights and freedoms guaranteed by this constitution except through law and for a necessity required by the needs of a democratic system and with the aim of protecting the rights of others or the requirements of public security, national defence, and public health.
These limitations may not affect the essence of the rights and freedoms guaranteed by this constitution and must be justified by their purposes and proportional to their causes.
Amendments cannot undermine the gained human rights and freedoms that are guaranteed by this constitution. All judicial institutions are to protect these rights and freedoms from any violation.
Chapter III: The Legislative Function
Article 56:
The people, possessor of sovereignty, exercise the legislative function of a first representative Assembly called the Assembly of People’s Representatives and a second representative chamber called the National Council of Regions and Provinces.
Article 57:
The headquarters of the Assembly of People’s Representatives and the National Council of Regions and Provinces is the Capital Tunis, and they may, in exceptional circumstances, hold their sessions in any other location of the national territory.
Section 1: Assembly of People’s Representatives
Article 58:
Running for the membership of the Assembly of People’s Representatives is a right to every elector born to a Tunisian father or a Tunisian mother and aged 23 full years on the day of his application on the condition that he is not subject to any of the sanctions contained in the electoral law.
Article 59:
Every citizen holder of the Tunisian nationality, male or female, aged 18 years, and having all the requirements set by the electoral law is considered a voter.
Article 60:
Members of the Assembly of People’s Representatives are elected for 5 years through universal, free, direct, and secret ballot during the last 3 months of the Assembly’s term as set by the electoral law.
Article 61:
It is prohibited for a representative to take up any other paid or unpaid activities.
A representative’s mandate can be withdrawn in accordance with the conditions set by the electoral law.
Article 62:
If a Representative leaves the Assembly block to which he belonged in the beginning of his term, he is prohibited from joining another.
Article 63:
If elections cannot be held due to imminent danger, the Assembly’s term is extended through a law.
Article 64:
A representative cannot be prosecuted, arrested, or tried for his opinions, proposals, or acts that fall under his duties as a representative within the Assembly.
Article 65:
A representative cannot be prosecuted or arrested throughout his term as a representative for penal proceedings unless the Assembly of People’s Representatives withdraws his immunity. If caught in flagrante delicto, he can be arrested and the Assembly must be informed immediately and the detention continues if immunity is lifted.
Article 66:
The Assembly representative’s immunity does not extend to crimes of defamation, slander, and violent exchange that are committed within or outside the Assembly. Nor does he enjoy immunity if he prevents the normal functioning of the Assembly.
Article 67:
The Assembly of People’s Representatives undertakes the legislative function within the fields prescribed to it by this constitution.
Article 68:
The President has the right to introduce a bill of law.
Representatives have the right to introduce a bill of law under the condition that it is introduced by at least 10 representatives.
Only the President may introduce bills of ratification of treaties and budget bills.
And the president’s bills have priority.
Article 69:
Bills of law and bills of amendment that are introduced by representatives are not accepted if they compromise the financial balances of the state.
Article 70:
The Assembly of People’s Representatives may, for a limited period of time and for specified purposes, delegate to the President the power to issue decrees. These decrees are introduced to the Assembly for approval once the aforementioned period ends.
Article 71:
The Assembly of People’s Representatives holds an ordinary session that starts in October and ends in the month of July of every year. The first session of the Assembly’s term must start no later than 15 days after the announcement of the final results of the elections and through a summons from the President of the outgoing Assembly or the President of the Republic if the Assembly of People’s Representatives had been dissolved.
If the first sessions of the Assembly of People’s Representatives ‘ term coincides with its annual recess, an extraordinary session of 15 days is called.
The Assembly of People’s Representatives can also meet during its annual recess for an extraordinary session upon request of the President of the Republic or a third of its members.
Article 72:
The Assembly of People’s Representatives elects among its members permanent committees that work continuously even during the Assembly’s recess.
Article 73:
The President of the Republic may, during the Assembly’s recess, enact decrees after informing the specialized permanent committee. These decrees are put forward to the Assembly of People’s Representatives for approval during its ordinary session after the recess.
Article 74:
The President ratifies treaties and orders their publication.
Treaties related to the borders of the country, commercial treaties, treaties related to international organization, treaties related to the state’s financial obligations, and treaties of a legislative nature can only be ratified after the approval of the Assembly of People’s Representatives.
Treaties are considered effective only after their ratification and under the condition that the other party implements it.
Treaties that are ratified by the President and approved by the Assembly are above laws and below the constitution.
Article 75:
Laws that concern the following subjects take the form of basic laws:
– General methods of applying the constitution.
– Ratification of treaties.
– Regulating the relationship between the Assembly of People’s Representatives and the National Assembly of Regions and Provinces.
– The organization of justice and the judiciary.
– The organization of media, journalism, and publication.
– The regulation of parties, organizations, trade unions, associations, and trade associations and their financing.
– The organization of the national army.
– The organization of national security forces and the customs.
– Electoral law.
– Extending the term of the Assembly of People’s Representatives in accordance with the provisions of Article 63 of the Constitution.
– Extending the presidential term in accordance with the second paragraph of article 90 of this constitution.
– Liberties and human rights.
– Personal status.
– Local assemblies, regional assemblies, assemblies of provinces and the bodies that may enjoy the status of local body.
– The organization of constitutional commissions.
– Budget law.
Laws that concern the following subjects take the form of ordinary laws:
– The creation of categories of institutions and public facilities.
– Nationality.
– Civil and commercial obligations.
– Setting crimes, misdemeanours, and their penalties as well as offenses that incur custodial penalties.
– General amnesty.
– Setting the basis for taxes and contributions and their rates and the procedures for their collection.
– Currency issuing system.
– Loans and the financial obligations of the state.
– Declaration of assets.
– Basic guarantees that are granted to civilian and military employees.
– Budget laws, budget closing, and the ratification of development plans.
– Basic principles of the ownership system, rights in rem, education and scientific research, culture, public health, environment, spatial and urban planning, energy, labour law, and social security.
– The ratification of national resources related agreements and investment contracts.
Article 77:
Development directions are set in the development plan and are promulgated by law.
Article 78:
The law authorizes state resources and costs according to the conditions set in the budget act.
The Assembly of People’s Representatives ratifies budget bills and the closing of the budget in line with the conditions set in the budget act.
The budget bill must be introduced to the Assembly no later than October 15th and is ratified no later than December 10th.
The President of the Republic can resubmit the bill to the Assembly for a second reading within the next two days of its ratification by the Assembly.
And in the case of a resubmission, the Assembly meets for a second discussion within three days of the resubmission.
The president, a third of the members of the Assembly, or a third of the members of the National Congress of Regions and Provinces may, within three days of the second ratification by the Assembly following a resubmission or the expiry of the deadline for resubmission without it occurring, appeal the constitutionality of the articles of the budget act before the constitutional court. The Assembly and the congress must ratify the bill within three days of their reception of the constitutional court’s ruling.
When the bill is ruled to be constitutional or when it is ratified for a second time following a resubmission, or when the resubmission and appeal before the constitutional court deadlines are expired, the President promulgates the budget bill within two days. And in all cases, promulgation must occur no later than December 31st.
If the budget bill is not promulgated by December 31st, the bill can be implemented in its expenditure parts via three-month renewable tranches by decree while resources are acquired in accordance with the laws in vigour.
Article 79:
The Assembly of People’s Representatives ratifies basic laws by absolute majority while ordinary laws must be ratified by a majority of the members of the Assembly present as long as they represent no less than a third of the members.
Article 80:
In the case that the Assembly of People’s Representatives is dissolved, the President may issue decrees that are to be introduced to the Assembly for ratification during its first ordinary session.
Electoral law cannot be amended by decrees.
Section 2:
The National Congress of Regions and Provinces
Article 81:
The National Congress of Regions and Provinces is composed of elected representatives from the regions and provinces.
Every regional council’s members elect 3 members among them to represent their regions in the National Congress of Regions and Provinces.
Members elected to the regional councils in every province elect one representative among them to represent this province in the National Congress of Regions and Provinces.
The representative of the province is replaced in accordance with the electoral law.
Article 82:
One cannot be a member of the National Assembly of People’s Representatives and a member of the National Congress of Regions and Provinces at the same time.
Article 83:
The rules that govern representative immunity for the members of the National Assembly of People’s Representatives also apply to the members of the National Congress of Regions and Provinces.
Article 84:
Bills related to the state budget and the regional, provincial, and national development plans must be put to the National Congress of Regions and Provinces to guarantee balance between regions and provinces.
The budget act and development plans cannot be ratified without a majority of members present in each of the two assemblies, provided that majority is no less than a third of the members of each Assembly.
Article 85:
The National Congress of Regions and Provinces has prerogatives of oversight and questioning in all matters related to the implementation of the budget and development plans.
Article 86:
The law regulates the relationship between the National Assembly of People’s Representatives and the National Congress of Regions and Provinces.
Chapter IV: The Executive Function
Article 87:
The President of the Republic exercises the executive function with the aid of a government presided by a prime minister.
Section 1: President of the Republic
Article 88:
The President of the Republic is the President of the state and his religion is Islam.
Article 89:
Running for the position of President of the Republic is the right of every Tunisian man or woman who does not carry another nationality, born to a Tunisian father and Tunisian mother and Tunisian grandfathers on both sides and who all have Tunisian ancestry without interruption.
He or she who runs for President must also be at least 40 years of age and enjoying his full civil and political rights on the day he submits his application. The application is submitted to the Independent Supreme Commission for Elections according to the way and conditions set in the electoral law.
Article 90:
The President of the Republic is elected through universal, free, direct, and secret suffrage for a term of five years within 3 months of the end of the presidential term.
The nominee must be supported by a number of the members of representative councils or voters as set by the electoral law.
In the case where none of the candidates achieve absolute majority in the first round, a second round is called within two weeks of the announcement of the final results of the first round between the two candidates who received the highest number of votes in the first round.
In case of the death of one of the candidates during the first or second round, nominations are re-opened and new election dates are set within forty-five days. Withdrawals during the first or second round are disregarded.
In case elections cannot be held in the appointed time because of war or imminent danger, the presidential term is extended by law until the end of the causes of the delay of the elections.
The President may not serve more than two terms, successive or otherwise.
In case of resignation, the President is considered to have served a full term.
Article 91:
The President of the Republic is the guarantor of the independence of the country, the integrity of its territory, adherence to the constitution and the law, and the implementation of treaties. He also oversees the normal functioning of public authorities and guarantees the continuity of the state.
Article 92:
The President elect is sworn in before both the Assembly of People’s Representatives and the National Congress of Regions and Provinces the following oath:
“I swear to Almighty God to preserve the independence of the country and its safety and to respect the constitution of the nation and its legislations and to fully preserve the interests of the nation”.
When it is not possible to swear this oath before the Assembly of People’s Representatives and the National Congress of Regions and Provinces for any reason, the President swears this oath before the members of the constitutional court.
The President may not hold both his position and a partisan position.
Article 93:
The official headquarters of the presidency of the Republic is in the capital Tunis. It is permitted under exceptional circumstances to transfer it temporarily to any other place within the Tunisian soil.
Article 94:
The President of the Republic is the commander in chief of the armed forces.
Article 95:
The President of the Republic appoints ambassadors and accepts the credentials of foreign ambassadors.
Article 96:
When there is imminent danger threatening the Republic the nation, its security, and its independence wherein the normal functioning of the state’s institutions becomes impossible, the President of the Republic may take the exceptional measures imposed by the situation after consulting with the prime minister, the President of the Assembly of People’s Representatives, and the President of the National Congress of Regions and Provinces.
In such a case, the President may not dissolve the Assembly of People’s Representatives and the National Congress of Regions and Provinces. It is also prohibited to issue a motion of censure against the government.
These measures are lifted once their causes are no more and the President issues a statement in this regard to the Assembly of People’s Representatives and the National Congress of Regions and Provinces.
Article 97:
The President may put to referendum any bill related to the organization of public authorities or aiming at the ratification of a treaty that can affect the functioning of institutions as long as this bill is not unconstitutional.
Article 98:
The President declares war and peace with the approval of the absolute majority of the members of the Assembly of People’s Representatives.
Article 99:
The President may grant special amnesty.
Article 100:
The President sets the general policies of the state and defines its essential choices and informs the Assembly of People’s Representatives and the National Congress of Regions and Provinces of them. He may also address them directly or issue a statement to them.
Article 101:
The President appoints the prime minister and appoints the rest of the government members upon suggestion from the prime minister.
Article 102:
The President of the Republic may dissolve the government or terminate one of its members at will or upon suggestion from the prime minister.
Article 103:
The President of the Republic approves constitutional laws, basic laws, and ordinary laws and oversees their publication in the national official gazette of the Tunisian Republic within a deadline of 15 days from his reception of these laws.
Within this deadline, the President may resubmit the bill to the Assembly of People’s Representatives or the National Congress of Regions and Provinces or both of them for a second reading and if the bill is ratified by a majority of two thirds, it is issued and published within a deadline of no later than 15 days.
Laws that amend the constitution cannot be resubmitted.
The deadlines of approval are suspended when the constitutionality of the law is appealed before the constitutional court. If the constitutional court confirms the constitutionality of the law, the President of the Republic either approves the law or resubmits it to the Assembly of People’s Representatives or the National Congress of Regions and Provinces or both of them according to the prescribed competencies of each.
Article 104:
The President oversees the implementation of laws and acts as the general regulatory authority. He may delegate this power in full or in part to the prime minister.
Article 105:
Bills of law and ordinary decrees are discussed in the council of ministers.
Ordinary decrees are signed by the President and co-signed by the relevant minister.
Article 106:
Upon suggestion from the prime minister, the President of the Republic awards the high civilian and military positions.
Article 107:
If the President is temporarily unable to discharge his duties, he delegates, through a decree, his responsibilities to the prime minister except the power to dissolve the Assembly of People’s Representatives and the National Congress of Regions and Provinces.
Article 108:
During the period where the President is temporarily unable to discharge his duties, the government remains standing until the temporary situation is resolved even if it becomes subject to a motion of censure. The President of the Republic informs the President of the Assembly of People’s Representatives and the President of the National Congress of Regions and Provinces of the temporary delegation of his powers.
Article 109:
When the position of the President of the Republic becomes vacant due to death, resignation, full incapacitation, or any other reason, the President of the constitutional court takes over the responsibilities of the presidency temporarily for a minimal period of 45 days and for no more than 90 days.
The interim President swears the constitutional oath of office before the Assembly of People’s Representatives and the National Congress of Regions and Provinces combined. If that proves impossible, he swears the oath before the constitutional court.
The interim President cannot apply to run for the presidency even if he resigns.
The interim President undertakes the presidential duties and may not resort to referendum or dissolve the government, the Assembly of People’s Representatives, or the National Congress of Regions and Provinces. Nor can he take exceptional measures.
The Assembly of People’s Representatives may not table a motion of censure against the government during an interim presidential period.
During the interim presidential period a new President is elected for a term of five years.
The new President may dissolve the Assembly of People’s Representatives or the National Congress of Regions and Provinces or both of them and call for early legislative elections.
Article 110:
The President enjoys immunity throughout his term, all statutes of limitation are suspended in cases that are brought against him are suspended, and legal proceedings can be resumed once he leaves office.
Section 2: The Government
Article 111:
The government ensures the execution of the general policy of the state in accordance with the orientations and choices set by the President of the Republic.
Article 112:
The government is accountable for its acts before the president.
Article 113:
The prime minister leads the government, coordinates its activities, and manages the functioning of the administration.
He may stand in for the President when necessary as President of the council of ministers or any other council.
Article 114:
Members of the government have the right to attend the Assembly of People’s Representatives and the National Congress of Regions and Provinces whether in the public session or in committees.
Every representative in the Assembly of People’s Representatives or the National Congress of Regions and Provinces may refer questions to the members of the government.
The Assembly of People’s Representatives and the National Congress of Regions and Provinces may summon the government or one of its members for dialogue around a policy that is implemented and the results achieved or sought.
Article 115:
The Assembly of People’s Representatives and the National Congress of Regions and Provinces together may oppose that the government continues to undertake its duties through a motion of censure if they see that the government veers away from the general policy of the state and the basic choices prescribed in the constitution.
A motion of censure can only be tabled when it is justified and signed by half of the members of the Assembly of People’s Representatives and half of the members of the National Congress of Regions and Provinces and can only be voted upon after 48 hours of its introduction.
The President accepts the resignation of the government which is given by its prime minister once a motion of censure is issued by a majority of two thirds of the members of the two assemblies combined.
Article 116:
If a second motion of censure is issued against the government during the same representative term, the President may accept the resignation of the government or dissolve the Assembly of People’s Representatives and the National Congress of Regions and Provinces or one of them.
The dissolution decree must include a summoning of voters for new elections of the members of the Assembly of People’s Representatives and the members of the National Congress of Regions and Provinces or one of them within a period of no more than 30 days.
In the case where one or both of the assemblies is dissolved, the President may issue decrees that he introduces for the ratification of the Assembly of People’s Representatives and the National Congress of Regions and Provinces or only one of them according to the competencies of these two assemblies.
Chapter V: The Judicial Function
Article 117:
The judiciary is an independent function practiced by magistrates that are subject to no power but that of law.
Article 118:
Rulings are issued in the name of the people and executed in the name of the President of the Republic.
Article 119:
The judiciary is divided into judicial justice, administrative justice, and financial justice. A supreme council oversees each of these classes.
Article 120:
The appointment of magistrates is through an order of the President based on a recommendation of the relevant supreme council.
Article 121:
A magistrate may not be transferred against his will. A magistrate may not be dismissed, nor can he be suspended from his duties or dismissed, or penalized other than in the cases the law prescribes. A magistrate enjoys penal immunity and cannot be prosecuted or arrested as long as his immunity is not lifted.
When caught in flagrante delicto, a magistrate may be arrested and his relevant supreme council of magistrates informed. The supreme council subsequently rules on the request to lift immunity.
The first paragraph of this article does not prevent the transfer of a magistrate when the requirements of the service necessitate it.
The requirements of the service mean the necessity to fill a vacancy or the appointment to a new judicial position or facing a growth in the work volume.
All magistrates are equal in their duty to answer to the requirements of the service and a magistrate may not be called upon to change the location of his position in response to the requirements of the service unless it is proven that no other magistrates desire to take that position. For this purpose, active magistrates that are closest to the location are called upon through alternation. And when necessary, a drawing of lots is used.
In this case, undertaking a position in answer to the requirements of the service cannot go beyond one year unless the concerned magistrate expressly states that he wants to remain in the position he was transferred to or appointed to.
Article 122:
Competence is required in a magistrate. And he must have impartiality and integrity and every infraction on his part incurs accountability.
Article 123:
The state seeks to guarantee the right to litigation in two degrees.
Article 124:
Every person has the right to a fair trial within a reasonable time period. Litigants are equal before justice.
The rights to litigation and defence are guaranteed. The law regulates the process of litigation and provides legal aid for those without financial resources.
Court sessions are held in public unless the law requires their secrecy. Pronouncing the ruling can only occur publicly.
Chapter VI: The Constitutional Court
The constitutional court is an independent judicial body composed of nine members. A third of these members are the most senior district presidents in the court of cassation, a third are the most senior cassation district presidents in the administrative court, and a last third are the most senior members of the court of accounts.
Members of the constitutional court elect among them its President in accordance with the law.
If a member of the court reaches the age of retirement, he is automatically replaced by the next oldest judge as long as the membership term is no less than 1 year.
Article 126:
It is prohibited to be a member of the constitutional court and undertake any other jobs or responsibilities.
Article 127:
The constitutional court has jurisdiction over looking into the constitutionality of:
1- Laws, upon request from the President or 30 members of the Assembly of People’s Representatives or half the members of the National Congress of Regions and Provinces. The request is to be filed no later than 7 days following the ratification of a bill or the date of the ratification of an amended version of a bill following a resubmission from the President of the Republic.
2- Treaties submitted by the President before promulgating the law that ratifies them.
3- Laws that are referred to it by courts if they are subject to an appeal for unconstitutionality in the cases and through the procedures prescribed by the law.
4- The by-laws of the Assembly of People’s Representatives and the by-laws of the National Congress of Regions and Provinces which are submitted to it by each of the presidents of these two assemblies.
5- Procedures for the amendment of the constitution.
6- Bills for the amendment of the constitution to rule on any conflict with that which may not be amended according to what this constitution prescribes.
Article 128:
The court issues its ruling within 30 days of the date the appeal was filed and via a majority of two thirds of its members.
Article 129:
The court’s ruling states whether the subject of the appeal is constitutional or unconstitutional and its ruling must be justified and binding on all and it is published in the national gazette of the Tunisian Republic.
Article 130:
A law which has been ruled unconstitutional is referred to the President of the Republic and from him to the Assembly of People’s Representatives and the National Congress of Regions and Provinces or to one of them according to the case to consider it again in accordance with the ruling of the constitutional court. The President of the Republic must return it to the constitutional court before approving it so that it looks into its constitutionality again.
If a law is ratified in its amended version following its resubmission, and the constitutional court had previously ruled that it is constitutional, the President of the Republic must refer it back to the constitutional court before approving it.
Article 131:
If the constitutional court accepts to look into an appeal against the constitutionality of a law, its proceedings are limited to objections that had been raised and must rule on them within two months that are renewable by one month. The renewal must be justified.
If the constitutional court issues a ruling of unconstitutionality, the law is suspended within the limits of what the court had ruled.
Article 132:
The law sets the organization of the constitutional court, the procedures to be followed before the court, and the guarantees its members enjoy.
Chapter VII: Local and Regional Bodies
Article 133:
Municipal, regional, and provincial bodies as well as bodies that the law grants the status of a local body undertake local and regional functions in accordance with the law.
Chapter VIII: The Independent Higher Electoral Commission
Article 134:
The Independent Higher Electoral Commission manages elections and referenda and their organization and oversees them throughout their different stages and guarantees the soundness of the electoral process and its integrity and transparency and announces results.
The commission enjoys regulatory authority within its jurisdictions.
The commission is composed of 9 independent, impartial, competent members with integrity who take up their duties for 6 non-renewable years and a third of its members are replaced every two years.
Chapter IX: The Higher Council of Education
Article 135:
The Higher Council of Education gives its opinion on major national plans that concern education, scientific research, training, and employment horizons.
The law sets the composition of this council, its jurisdictions, and its functioning.
Chapter X: Constitutional Amendment
Article 136:
The President or a third of the members of the Assembly of People’s Representatives have the right to demand the amendment of the constitution provided it does not affect the Republican regime of the state or the number of presidential terms and their length by addition.
The President may put bills of constitutional amendment to referendum.
Every constitutional amendment initiative must be referred by the initiating party to the constitutional court to rule on what cannot be amended according to this constitution.
Article 137:
The Assembly of People’s Representatives looks into the intended amendment following its decision by the absolute majority of its members and after defining its subject and having it studied by a special committee.
In case a referendum is not resorted to, the constitutional amendment has to be adopted by the Assembly via a majority of two thirds of its members in two readings. The second reading must occur at least 3 months after the first.
Article 138:
The President submits the proposed amendment to verify the soundness of the procedures of its amendment. If the court rules in favour of its soundness, the President signs as a constitutional law the constitution-amending law in accordance with article 103 of the constitution.
The President issues the constitutional amendment as a constitutional law no later than 15 days from the date of the announcement of the results of the referendum.
Chapter XI: Transitional Provisions.
Article 139:
In the legislative field, presidential executive order n°117 of the year 2021 dated September 22nd concerning exceptional measures continues to be in vigour until the Assembly of People’s Representatives takes its responsibilities following the election of its members.
Article 140:
The provisions concerning the National Congress of Regions and Provinces go into effect following the election of its members after setting all its related legal texts.
Article 141:
This constitution carries the date of the referendum as 25th of July 2022 to embody the people’s will to commit to the Republican regime.
Article 142:
This constitution becomes effective from the date of the announcement of the final results of the referendum by the Independent Higher Electoral Commission and after the President signs and promulgates it and allows its publication in the official gazette of the Tunisian Republic. It is implemented as a constitution of the Republic of Tunisia.
Tunisia Coup 