constituteproject.org • Constitutional court powers PDF generated: 18 Apr 2016, 15:30 Article 101 Any disputes that arise regarding the respective powers of the President of the Republic and of the Head of Government shall be referred to the Constitutional Court by either party. The Court shall rule on the dispute within one week. Title Five: The Judicial Authority • Judicial independence Article 102 The judiciary is independent. It ensures the administration of justice, the supremacy of the Constitution, the sovereignty of the law, and the protection of rights and freedoms. Judges are independent with the law being the sole authority over them in discharging their functions. Article 103 Judges must be competent, and should be characterized by neutrality and integrity. They shall be held accountable for any shortcomings in their performance. Article 104 Judges enjoy criminal immunity and may not be prosecuted or arrested unless their immunity is lifted. In the event of being apprehended committing a crime, a judge may be arrested and the Judicial Council he/she is affiliated with shall be notified, and shall decide on lifting the immunity. Article 105 The legal profession is a free and independent profession that contributes to the establishment of justice and the defence of rights and liberties. Lawyers enjoy the legal guarantees that protect them and enable them to fulfill their functions. Part One: The Judiciary: The Justice System, Administrative and Financial Judiciary • Supreme court selection • Establishment of judicial council • Ordinary court selection Article 106 Judges shall be nominated by presidential decree based on a concurrent proposal by the Supreme Judicial Council. Senior judges shall be nominated by presidential decree and in consultation with the Head of Government, based on an exclusive recommendation by the Supreme Judicial Council. Senior judicial posts shall be regulated by law. Tunisia 2014 Page 24