TUNISIA CONSTITUTION
{ Adopted on: 1 June 1959 }
{ Amendment on: 12 July 1988 }
{ ICL Document Status: 1991 }
{ Editor's Note:
The text of the ICL edition reflects the status of
1991, thereby including the significant amendments of 1988, but not yet those
(numerous) changes after 1991. }
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.
© 1994 - 7.
Jan. 2004 / For corrections please contact A. Tschentscher.
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