Ahmed Murad (Tunisia, Cairo)
Political and popular circles in Tunisia are anticipating the establishment of the Constitutional Court, especially with the imminent formation of the National Council of Regions and Regions, which is the second chamber of Parliament, with the first chamber in the Assembly of People’s Representatives, which began its work in March 2023.
The Tunisian political activist, Suhaib Al-Mazriqi, explained that the process of establishing the Constitutional Court is not a difficult process according to the new constitution that was approved in July 2022, as it only requires appointment by the President of the Republic, after which it is presented to the Assembly of People’s Representatives, indicating that it is not as it was. In the 2014 Constitution and its partisan quotas for the purpose of controlling legislation.
According to Chapter 125 of the Constitution, the Constitutional Court consists of 9 members, one third of whom are the most senior heads of the cassation chambers, the second third are the most senior heads of the cassation chambers in the Administrative Court, and the third third are the most senior members of the Court of Accounts, and the members elect a president of the court from among them.
The Tunisian political activist, in a statement to Al-Ittihad, considered that delaying the establishment of the Constitutional Court until now is a legal issue in light of the absence of the law regulating the court, which must be initiated by the President of the Republic or representatives of Parliament to discuss and approve it.
Al-Muzariqi stated that the presence of political will is necessary in order to accelerate the establishment of the Constitutional Court, and therefore its formation must be one of the priorities of the next stage as it is the cornerstone of any political and constitutional scene, and due to the importance and multiplicity of its powers.
The court’s powers include reviewing the constitutionality of laws at the request of the President of the Republic, 30 members of Parliament, or half of the members of the National Council of Regions and Regions. It also monitors draft amendments to the constitution, treaties, and the internal regulations of Parliament, and decides on the continuation of states of emergency and disputes related to jurisdiction. Presidency and government. The President of the Constitutional Court, in accordance with Chapter 109 of the Constitution, can temporarily occupy the position of President of the Republic when the position becomes vacant due to death, resignation, total incapacity, or for any reason whatsoever, for a minimum period of 45 days and a maximum of 90 days.
For his part, Tunisian writer and analyst Bassam Hamdi explained that the formation of the Constitutional Court represents the next step in the political project adopted by President Kais Saied, pointing out that it may see the light before reaching the presidential elections scheduled to be held during the fall of 2024.
Hamdi said, in a statement to Al-Ittihad, that President Saied is working to complete his political project in a gradual manner, as he began by changing the system from semi-parliamentary to presidential, then laid the foundations of the legislative system by forming the first chamber of Parliament, represented by the Assembly of People’s Representatives, and soon the formation of the chamber will be completed. The second is represented by the National Council of Regions and Regions, and after it comes the establishment of the Constitutional Court. The work of the Constitutional Court in Tunisia has been disrupted since the events of January 14, 2011, which overthrew the regime of the late President Zine El Abidine Ben Ali, and since then it has not been formed until now.
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