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Constitution of Tunisia (2008) – 9: The Constitutional Council

CHAPTER NINE[48]
THE CONSTITUTIONAL COUNCIL

Article 72[49]
The Constitutional Council shall examine the Bills which are submitted to it by the President of the Republic for their conformity or compatibility with the Constitution. The submission is compulsory for Institutional Bills, for Bills referred to in Article 47 of the Constitution, as well as for Bills relating to the general modalities for the application of the Constitution, nationality, personal status, obligations, the determination of crimes and offenses and the penalties they carry, the procedure before the different courts, amnesty, the fundamental principles of property law and property rights, education, public health, labor law and social security.

The President of the Republic shall also refer obligatorily to the Constitutional Council the treaties referred to in Article 2 of the Constitution.

He may also submit to it all issues which affect the organization and the functioning of the institutions.

The Constitutional Council shall determine the applications concerning the election of the members of the Chamber of Deputies and of the Chamber of Councilors. It shall control the proper conduct of the referendum proceedings and proclaim its results. The Elections Act shall determine the procedures to be applied in the matter.

Article 73
The Bills sponsored by the President of the Republic shall be referred to the Constitutional Council before their transmission to the Chamber of Deputies or their submission to a referendum.

The President of the Republic shall submit to the Constitutional Council, within the period of promulgation and publication provided in Article 52 of the Constitution, amendments made to the substance of Bills adopted by the Chamber of Deputies which had been previously submitted to the Constitutional Council in accordance with the provisions of the present Article. He shall inform the President of the Chamber of Deputies.

In this case, the period mentioned above shall be suspended until the opinion of the Constitutional Council is notified to the President, provided the suspension does not exceed one month.

Article 74[50]
The President of the Republic shall submit the Bills proposed by the members of the Chamber of the Deputies after their adoption and within the period of promulgation and publication provided for in Article 52 to the Constitutional Council in cases where such submission is obligatory by virtue of Article 72. He shall inform the President of the Chamber of Deputies.

In this case the provisions of the third paragraph of Article 73 shall apply.

The rules of procedure of the Chamber of Deputies and the rules of procedure of the Chamber of Councilors shall be submitted to the Constitutional Council before their application in order to check their conformity or compatibility with the Constitution.

Article 75[51]
The opinion of the Constitutional Council must be reasoned. It shall be binding on all public authorities unless it concerns the issues referred to in the third paragraph of Article 72 of the Constitution.

The President of the Republic shall transmit to the Chamber of Deputies and the Chamber of Councilors the Bills examined by the Constitutional Council in conformity with the provisions of the first paragraph of Article 73 of the Constitution, together with a copy of the opinion of the Constitutional Council.

The President of the Republic shall transmit to the Chamber of Deputies a copy of the opinion of the Constitutional Council in the cases referred to in the second paragraph of Article 73 and the first paragraph of Article 74 of the Constitution.

The decisions of the Constitutional Council in electoral matters shall be final and shall not be subject to appeal.

The Constitutional Council shall be composed of nine members of recognized competence irrespective of their age: four members, including the President, shall be appointed by the President of the Republic and two by the President of the Chamber of Deputies for a period of three years renewable twice; three members shall be appointed by virtue of their judicial office as First President of the Court of Cassation, First President of the Administrative Tribunal, and First President of the Court of Auditors.

The members of the Constitutional Council may not exercise governmental or parliamentary functions. Nor may they assume leadership functions in political parties or trade unions or exercise activities which are likely to affect their neutrality or
independence. Statute shall, if necessary, determine additional cases of incompatibility.

Statute shall also determine the guaranties enjoyed by the members of the Constitutional Council and which are necessary for the exercise of their functions, as well as the rules on the operation and the procedures of the Constitutional Council.

Next: Chapter 10 – Revision of the Constitution

[49] Paragraph 4 was added by Constitutional Act No. 2002-51 of June 1, 2002.
[50] Paragraph 3 was inserted by Constitutional Act No. 2002-51 of June 1, 2002.
[51] As amended by Constitutional Act No. 98-76 of November 2, 1998 and by Constitutional Act No. 2002-51 of June 1, 2002.

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