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Preamble
In the name of God, the Compassionate and Merciful, We, the representatives
of the Tunisian people, meeting as members of the National Constituent
Assembly,
Proclaim the will of this people, set free from foreign domination thanks
to its powerful cohesion and to its struggle against tyranny, exploitation,
and regression;
- to consolidate national unity and to remain faithful to human values
which constitute the common heritage of peoples attached to human dignity,
justice, and liberty, and working for peace, progress, and free cooperation
between nations;
- to remain faithful to the teachings of Islam, to the unity of the Greater
Maghreb, to its membership of the Arab family, to cooperation with the
African peoples in building a better future, and with all peoples who
are struggling for justice and liberty;
- to install a democracy founded on the sovereignty of the people, characterized
by a stable political system, and based on the principle of the separation
of powers.
We proclaim that the republican regime constitutes:
- the best guarantee for the respect of rights and duties of all citizens;
- the most effective means for assuring the prosperity of the nation through
economic development of the country and the utilization of its riches
for the benefit of the people;
- the most certain way for assuring the protection of the family and guaranteeing
to each citizen work, health, and education.
We, the representatives of the Tunisian poople, free and sovereign, proclaim,
by the Grace of God, the present Constitution.
Chapter I General Provisions
Article 1 [State]
Tunisia is a free State, independent and sovereign; its religion is the
Islam, its language is Arabic, and its form is the Republic.
Article 2 [Arab Nation, Treaties]
(1) The Tunisian Republic constitutes part of the Great Arab Maghreb,
towards whose unity it works within the framework of common interests.
(2) Treaties concluded to this effect and being of such nature as to bring
about any modification whatsoever to the present Constitution have to
be submitted to a referendum by the President of the Republic after having
been adopted by the National Parliament in the forms and conditions established
by the Constitution.
Article 3 [Sovereignty]
The sovereignty belongs to the Tunisian poople who exercise it in conformity
with the Constitution.
Article 4 [Flag]
The flag of the Tunisian Republic is red; it has in the middle, under
the conditions prescribed by the law, a white circle in which is displayed
a five-pointed star surrounded by a red crescent.
Article 5 [Personal Integrity, Conscience, Belief]
The Tunislan Republic guarantees the inviolability of the human person
and freedom of conscience, and protects the free exercise of beliefs,
with reservation that they do not disturb the public order.
Article 6 [Equality]
All citizens have the same rights and the same duties. They are equal
before the law.
Article 7 [Legitimate Purposes of Restriction]
The citizens exercise the plenitude of their rights in the forms and conditions
established by the law. The exercise of these rights cannot be limited
except by a law enacted for the protection of others, the respect for
the public order, the national defense, the development of the economy,
and social progress.
Article 8 [Expression, Unions]
(1) The liberties of opinion, expression, the press, publication,
assembly, and association are guaranteed and exercised within the conditions
defined by the law.
(2) The right of unionization is guaranteed.
Article 9 [Home, Secrecy of Correspondence]
The inviolability of the home and the secrecy of correspondence are guaranteed,
save in exceptional cases established by the law.
Article 10 [Move, Domicile]
Every citizen has the right to move freely in the interior of the territory,
to leave it, and to establish his domicile within the limits established
by the law.
Article 11 [Expatriation]
No citizen can be expatriated or prevented from returning to his country.
Article 12 [Presumption of Innocence]
Every accused person is presumed innocent until his guilt is established
in accordance with a procedure offering him guarantees indispensable for
his defence.
Article 13 [Personal Punishment, Nulla Poena Sine Lege]
The sentence is personal and cannot be pronounced except by virtue of
a law existing prior to the punishable act.
Article 14 [Property]
The right to property is guaranteed. It is exercised within the limits
established by the law.
Article 15 [Duty to Defense]
The defense of the country and the integrity of its territory is a sacred
duty of every citizen.
Article 16 [Duty to Pay Taxes]
The payment of taxes and the contribution to public expenditures on an
equitable basis constitute a duty for every person.
Article 17 [Asylum]
Political refugees cannot be extradited.
Chapter II Legislative Power
Article 18 [National Parliament]
The people exercise the legislative power through a representative organ
called National Parliament.
Article 19 [Election]
The members of the National Parliament are elected by universal, free,
direct, and secret suffrage, according to the modalities and conditions
determined by the Electoral Law.
Article 20 [Right to Vote]
An elector is every citizen possessing Tunisian nationality for at least
five years and having attained at least twenty years of age.
Article 21 [Eligibility]
Any voter, born of a Tunisian father, who is at least twenty-five years
of age on the day of submission of his candidacy, is eligible for election
to the National Parliament.
Article 22 [Term, Re-Election]
The National Parliament is elected for a period of five years in the course
of the last thirty days of its mandate.
Article 23 [Continuing Parliament]
In case of impossibility of proceeding with the elections during the designated
time, because of war or imminent peril, the mandate of the National Parliament
is extended by a law until the time it is possible to proceed with the
elections.
Article 24 [Seat]
The seat of the National Parliament is established in Tunis or its environment.
However, under exceptional circumstances, the National Parliament may
hold its sessions in any other place of the territory of the Republic.
Article 25 [Responsibility]
Every deputy is the representative of the entire Nation.
Article 26 [Indemnity]
A deputy cannot be prosecuted, arrested, or tried for opinions expressed,
proposals made, or acts carried out in the exercise of his mandate in
the National Parliament.
Article 27 [Immunity]
No deputy can be arrested or prosecuted for the duration of his mandate
for a crime or misdemeanor as long as the National Parliament has not
lifed the immunity which covers him. However, in the event of flagrante
delicto, arrest procedure is permitted, in such a case, the National Parliament
is to be informed without delay. The detention of a deputy is suspended
if the National Parliament so requests.
Article 28 [Legislation]
(1) The National Parliament exercises the legislative power. The presentation
of legislation belongs equally to the President of the Republic and to
the members of the National Parliament, priority being given to bills
presented by the President of the Republic.
(2) The National Parliament may authorize the President of the
Republic to issue decree-laws within a fixed time limit and for a specific
purpose which must be submitted for ratification to the National Parliament
upon expiration of that time limit.
(3) Organic and ordinary laws are passed by the National Parliament
by absolute majority. A draft organic law may not be submitted for deliberation
by the National Parliament until afer the expiration of a period of fifteen
days from its filing.
(4) Laws considered to be of an organic charcter are those specified
by Articles 4, 8, 9, 10, 66, 67, 68, 69, 70 and 71.
(5) The electoral law has the form of an organic law.
(6) The National Parliament votes on bills concerning financial
laws and the regulation of the budget under the conditions stipulated
in the organic law of the budget. The budget must be voted at the latest
by December 31. If by that date the National Parliament has not made a
decision, the provisions of the financial bill may be implemented by decree,
in trimestrial renewable installments.
Article 29 [Sessions]
(1) The National Parliament meets each year in ordinary session which
begins during the month of October and ends during the month of July.
(2) However, the first session of every legislature begins during
the first fifteen days of November.
(3) During the vacation, the National Parliament may meet in extraordinary
sessions on the request of the President or the majority of deputies.
Article 30 [Permanent Committees]
The National Parliament elects from among its members permanent committees,
whose activity is pursued during the vacation of the National Parliament.
Article 31 [Decree-Laws During Vacation]
During the vacation of the National Parliament, the President of the Republic
may, with the consent of the interested permanent committee, issue decree-laws
which must be submitted to the ratification by the National Parliament
during the next ordinary session.
Article 32 [Treaties]
Treaties do not have the force of law until after their ratification.
Treaties duly ratified have an authority superior to laws.
Article 33 [Approval of Treaties]
The treaties are approved by law.
Article 34 [Legislative Competences]
Matters relating to the following are regulated in the form of laws :
- the general modalities of the application of the Constitution, other
than those relative to organic laws;
- the creation of offices, public establishments, societies, or national
enterprises;
- citizenship, the status of persons, and obligations;
- the procedure before different orders of jurisdiction;
- the determination of crimes and offences and the penalties which apply
to them;
- amnesty;
- the basis and rate of taxes for the benefit of the State, except the
delegation accorded to the President by the laws of finances and fiscal
laws;
- the regime of the issuance of money;
- loans and financial obligations of the State;
- the fundamental guarantees accorded to civilian and military functionaries.
Article 35 [Legislative Competence About Principles]
The law determines the fundamental principles of:
- the regime of property and real rights;
- public health;
- labor law and social security.
Article 36 [Development]
The law approves the development plan. It authorizes the resources and
charges of the State under conditions established by the organic law of
the budget.
Chapter III The Executive
[Section 0 General Provision]
Article 37 [Executive Power]
The executive power is vested in the President of the Republic assisted
by a Government directed by a Prime Minister.
Section I The President of the Republic
Article 38 [Head of State]
The President of the Republic is the Head of the State. His religion is
Islam.
Article 39 [Election]
(1) The President of the Republic is elected for five years by universal,
free, direct, and secret sufErage, within the last thirty days of the
term of office and under the conditions specified by the electoral law.
(2) In case of an impossibility of proceeding with the elections
at the appropriate time, because of war or due to imminent danger, the
term of office of the President is extended by law until it becomes possible
to proceed with the elections. The President of the Republic may present
himself for two consecutive mandates.
Article 40 [Eligibility]
(1) Any Tunisian who does not carry another nationality, who is of
Moslem religion, and whose father, mother, and paternal and maternal grandfather
have been of Tunisian nationality without interruption, may present himself
as a candidate for the Presidency of the Republic.
(2) The candidate must, furthermore, be at least forty years and
at most seventy years of age on the day of submitting his candidacy and
must enjoy all his civil and political rights.
(3) The candidate has to be presented by electors in accordance
with the modalities and conditions stipulated by the election law. The
declaration of candidacy must be recorded in a special register before
a commission composed of the President and the following four members:
the President of the National Parliament, the President of Constitutional
Council, the First President of the Court of Cessation, and the First
President of the Administrative Tribunal. The commission rules on the
validity of the candidacies, the challenges received, and proclaims the
result of the ballot.
Article 41 [Functions]
The President of the Republic is the guarantor of national independence,
of the integrity of the territory, and of respect for the Constitution
and the laws as well as the execution of treaties. He watches over the
regolar functioning of the constitutional public powers and assures the
continuity of the State.
Article 42 [Oath]
The elected President of the Republic gives the following oath before
the National Parliament:
"I swear by God Allmighty to safeguard the national independence
and the integrity of the territory, to respect the Constitution and the
law, and to watch meticulously over the interests of the Nation."
Article 43 [Seat of Presidency]
The official seat of the Presidency of the Republic is established at
Tunis and its surroundings. Howover, under exceptional circomstances,
it can be transferred provisionally to any other location in the territory
of the Republic.
Article 44 [Commander-in-Chief]
The President of the Republic is the Supreme Commander of the Armed Forces.
Article 45 [Diplomacy]
The President of the Republic accredits diplomatic representatives to
foreign powers. The diplomatic representatives are accredited to him.
Article 46 [Emergency Powers]
(1) In case of imminent peril menacing the institutions of the Republic,
the security and independence of the country and obstructing the regular
functioning of the public powers, the President of the Republic may take
the exceptional measures necessitated by the circumstances, after consultation
with the Prime Minister and the President of the National Parliament.
(2) During this period, the President of the Republic may not dissolve
the National Parliament and no motion of censure may be presented against
the Governwent.
(3) These measures ccase to have effect as soon as the circumstances
that produced them come to an end. The President of the Republic addresses
a message to the National Parliament on this subject.
Article 47 [Referendum]
(1) The President of the Republic may submit to a referendum any bill
relating to the organization of the public powers or seeking to ratify
a treaty which, without being contrary to the Constitution, may affect
the functioning of the institutions.
(2) When the referendum has resulted in the adoption of the bill,
the President of the Republic promulgates it within a maximum period of
fifteen days.
Article 48 [Treaties, War, Peace, Pardon]
(1) The President of the Republic ratifies the treaties.
(2) He declares war and concludes peace with the approval of the
National Parliament.
(3) He exercises the right of pardon.
Article 49 [Policy, Informing Parliament]
(1) The President of the Republic directs the general policy of the
Nation, defines its fundamental options, and informs the National Parliament
accordingly.
(2) The President of the Republic communicates with the National
Parliament either directly or by message.
Article 50 [Nomination of Government]
(1) The President of the Republic nominates the Prime Minister, and
on his suggestion, the other members of the Government.
(2) The President of the Republic presides over the Council of
Ministers.
Article 51 [Dismissal of Government]
The President of the Republic dismisses the Government or one of its members
on his own initiative or on the recommendation of the Prime Minister.
Article 52 [Promulgation, Veto]
(1) The President of the Republic promulgates constitutional, organic,
or ordinary laws and ensures their publication in the Official Journal
of the Tunisian Republic within a maximum period of fifteen days counting
from the transmission by the President of the National Parliament.
(2) The President of the Republic may, during this period, return
the bill to the National Parliament for a second reading. If the bill
is adopted by the National Parliament with a majority of two-thirds of
its members, the law is promulgated and published within a second period
of fifteen days.
Article 53 [Execution of Laws, Regulatory Power]
The President of the Republic watches over the execution of the laws.
He exercises the general regulatory power and may delegate all or part
of it to the Prime Minister.
Article 54 [Deliberation of Bills, Countersignature]
(1) Bills are deliberated on in the Council of Ministers.
(2) Decrees of a regulatory character are countersigned by the
Prime Minister and the interested member of the Government.
Article 55 [Nomination of Officers]
The President of the Republic nominates the highest civil and military
officers on the recommendation of the Government.
Article 56 [Temporary Disability]
(1) In case of temporary disability, the President of the Republic
may, by decree, delegate his powers to the Prime Minister with the exclusion
of the power of dissolution.
(2) During the temporary disability of the President of the Republic,
the Government, even if it is the object of a motion of censure, remains
in place until the end of this disability.
(3) The President of the Republic informs the President of the
National Parliament of the provisional delegation of his powers.
Article 57 [Vacancy]
(1) In case the Presidency of the Republic becomes vacant on account
of death, resignation, or total incapacity, the President of the National
Parliament immediately is invested temporarily with the functions of the
Republic for a period of at least 45 days and at most 60 days. He takes
the constitutional oath before the National Parliament, and during its
absence, before the Bureau of the National Parliament.
(2) The interim President of the Republic may not be a candidate
for the Presidency of the Republic even in the case of resignation.
(3) The interim President of the Republic discharges the functions
of the President of the Republic, however, without resorting to referendum,
dismissing the Government, dissolving the National Parliament, or taking
the exceptional measures provided for in Article 46.
(4) During this period, a motion of censure against the Government
cannot be presented.
(5) During the same period, presidential elections are organized
to elect a new President of the Republic for a term of five years.
(6) The new President of the Republic may dissolve the National
Parliament and organize early legislative elections in conformity with
the provisions of Article 63 (2).
Section II The Government
Article 58 [Functions]
The Government puts into effect the general policy of the Nation, in conformity
with the orientations and options defined by the President of the Republic.
Article 59 [Responsibility]
The Government is responsible to the President of the Republic for its
conduct.
Article 60 [Prime Minister's Functions]
The Prime Minister directs and coordinates the work of the government.
He substitutes, as necessary, for the President of the Republic in presiding
over the Council of Ministers or any other Conncil.
Article 61 [Government in Parliament]
(1) The members of the Goverament have the right of access to the
National Parliament as well as to its committees.
(2) Any deputy may address written or oral questions to the Government.
Article 62 [Motion of Censure]
(1) The National Parliament may, by a vote on a motion of censure,
oppose the continuation of the responsibilities of the government, if
it finds that the government is not following the general policy and the
fundamental options provided for in Articles 49 and 58.
(2) The motion is not receivable unless it is motivated and signed
by at least half of the membership of the National Parliament.
(3) The vote may not take place until 48 hours have elapsed after
the motion of censure.
(4) When a motion of censure is adopted by a majority of two-thirds
of the deputies, the President of the Republic accepts the resignation
of the government presented by the Prime Minister.
Article 63 [Dissolution of Parliament]
(1) If the National Parliament has adopted a second motion of censure
with a two-thirds majarity during the same legislative period, the President
of the Republic may either accept the resignation of the government or
dissolve the National Parliament.
(2) The decree dissolving the National Parliament must include
the calling of new elections within a maximum period of thirty days.
Chapter IV The Judiciary
Article 64 [Judgments]
Judgments are rendered in the name of the People and in the name of the
President of the Republic.
Article 65 [Independence of Judiciary]
The judiciary is independent; the magistrates in the exercise of their
functions are not subjected to any authority other than the law.
Article 66 [Nomination of Magistrates]
Magistrates are nominated by decree of the President of the Republic upon
the recommendation of the Superior Conncil of the Magistrature. The modalities
of their recruitment are determined by law.
Article 67
The Superior Conncil of the Magistrature, whose composition and attributions
are determined by law, watches over the application of the guarantees
accorded to magistrates in the matter of nomination, advancement, transfer,
and discipline.
Chapter V The High Court
Article 68 [High Treason by Government]
The High Court meets in a case of high treason committed by a member of
the Government. The competence and the composition of the High Court as
well as the procedure applicable before it are specified by law.
Chapter VI The Council of State
Article 69 [Administrative Tribunal, Court of Accounts]
(1) The Conncil of State is composod of two organs:
1) The Administrative Tribunal;
2) The Court of Accounts.
(2) The composition and the competence of the Council of State
as well as the procedure applicable before it are determined by law.
Chapter VII The Economic and Social Council
Article 70 [Consultative Assembly]
The Economic and Social Council is a consultative assembly in economic
and social matters. Its composition and its relations with the National
Parliament are determined by law.
Chapter VIII The Local Collectivities
Article 71 [Local Councils]
The municipal and regional Councils conduct the local affairs under the
conditions determined by law.
Chapter IX Amendments of the Constitution
Article 72 [Initiative, Prohibited Amendments]
The initiative for the amendment of the Constitution belongs to the President
of the Republic or to at least one-third of the members of the National
Parliament, with the reservation that it does not affect the republican
form of the State.
Article 73 [Deliberation, Majority, Second Reading]
(1) The National Parliament may not deliberate on the proposed
amendment except following a resolution passed by an absolute majarity
and after a special ad hoc committee has determined and studied the objective.
(2) The Constitution cannot be amended except following the adoption
by the National Parliament of the amendment proposal with a majority of
two-thirds of its members after two readings, the second of which may
not take place until at least three months after the first.
Article 74 [Promulgation]
The President of the Republic promulgates the law which contains the provision
of the Constitution under the form of a constitutional law in conformity
with Article 52.
[Chapter X] Transitory Provisions
(1) The incumbent President of the Republic whose term of office
expires during the month of November 1991, may, prior to that date, organize
early elections, be they presidential, legislative, or both at the same
time.
In case only early presidential elections are held, the current term of
the National Parliament expires at the same time as that of the new President
of the Republic elected in accordance with the present paragraph.
In case only early legislative elections are held, the term of the President
of the Republic ends at the same time as that of the newly elected National
Parliament.
(2) The decrees pertaining to the early elections provided for by this
Article must include the convening of the electors for new elections within
a maximum period of thirty days.
(3) The newly elected National Parliament must convene within eight
days after the proclamation of the election results.
(4) The term of the incumbent President ends upon the proclamation
of the results of the early presidential elections.
(5) The legislative term of the current National Parliament ends
on the day of the convening of the new National Parliament.
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