constituteproject.org
• Constitutional court powers
• Emergency provisions
PDF generated: 18 Apr 2016, 15:30
Article 80
In the event of imminent danger threatening the nation’s institutions or the security
or independence of the country, and hampering the normal functioning of the state,
the President of the Republic may take any measures necessitated by the
exceptional circumstances, after consultation with the Head of Government and the
Speaker of the Assembly of the Representatives of the People and informing the
President of the Constitutional Court. The President shall announce the measures in
a statement to the people.
The measures shall guarantee, as soon as possible, a return to the normal functioning
of state institutions and services. The Assembly of the Representatives of the People
shall be deemed to be in a state of continuous session throughout such a period. In
this situation, the President of the Republic cannot dissolve the Assembly of the
Representatives of the People and a motion of censure against the government
cannot be presented.
Thirty days after the entry into force of these measures, and at any time thereafter,
the Speaker of the Assembly of the Representatives of the People or thirty of the
members thereof shall be entitled to apply to the Constitutional Court with a view to
verifying whether or not the circumstances remain exceptional. The Court shall rule
upon and publicly issue its decision within a period not exceeding fifteen days.
These measures cease to be in force as soon as the circumstances justifying their
implementation no longer apply. The President of the Republic shall address a
message to the people to this effect.
• Approval of general legislation
Article 81
The President of the Republic shall sign laws and ensures their publication in the
Official Gazette of the Tunisian Republic within a period of no more than four days
from:
1. The deadline to challenge constitutionality and the deadline to return,
without any of them occurring.
2. Expiry of the deadline to return after issuing a decision of constitutionality,
or after the mandatory referral of the draft law to the President of the
Republic in accordance with the final paragraph of Article 121.
3. The deadline to challenge the constitutionality of a draft law that was
returned by the President of the Republic and after its ratification in a
modified version by the Assembly of the Representatives of the People.
4. The second approval, without amendment, of a draft law, after return, by
the Assembly of the Representatives of the People, without being subject
to a challenge of constitutionality after the first ratification, or the issuance
of a decision confirming its constitutionality, or the mandatory referral of
the draft law to the President of the Republic in accordance with the final
paragraph of Article 121.
5.
Tunisia 2014
The court decides a law is constitutional, or after the mandatory referral of
the draft law to the President of the Republic in accordance with the final
paragraph of Article 121, if it was returned from the President of the
Republic and was approved, in a modified version, by the Assembly.
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