constituteproject.org
• Establishment of judicial council
• Supreme/ordinary court judge removal
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Article 107
Judges may not be transferred without their consent. They cannot be dismissed or
suspended from their functions, nor be subject to disciplinary sanction, except in the
cases and the guarantees regulated by the law and in accordance with a reasoned
decision by the Supreme Judicial Council.
• Right to fair trial
Article 108
• Right to speedy trial
Every individual is entitled to a fair trial within a reasonable period. Litigants are
equal before the law.
• Right to appeal judicial decisions
• Right to counsel
The right to litigation and the right to defence are guaranteed. The law facilitates
access to justice and provides legal assistance to those without financial means. The
law guarantees the right to a second hearing.
• Right to public trial
Court sessions shall be public unless the law provides for a closed hearing. Judgment
must be pronounced in a public session.
Article 109
All kinds of interference in the functioning of the judicial system are prohibited.
Article 110
The different categories of courts are established by law. No special courts may be
established, nor any special procedures that may prejudice the principles of fair trial.
• Establishment of military courts
Military courts are competent to deal with military crimes. The law shall regulate the
mandate, composition, organization, and procedures of military courts, and the
statute of military judges.
Article 111
Judgments are passed in the name of the people and executed in the name of the
President of the Republic. Failing to execute or impeding the execution of a sentence
without legal grounds is prohibited.
Section One: The Supreme Judicial Council
• Establishment of judicial council
Article 112
The Supreme Judicial Council is composed of four bodies, which are the Judiciary
Council, the Administrative Judicial Council, the Financial Judicial Council, and the
General Assembly of the three judicial councils.
Two-thirds of each of these structures is composed of judges, the majority of whom
are elected, in addition to judges appointed on merit, while the remaining third shall
be composed of independent, specialized persons who are not judges. The majority
of the members of these bodies shall be elected. Elected members exercise their
functions for a single six-year term.
The Supreme Judicial Council shall elect its president from amongst its most senior
judges.
The law establishes the mandate of each of the four bodies, and their composition,
organization, and procedures.
Tunisia 2014
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