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• Constitutional court powers
• Constitutional interpretation
• Constitutionality of legislation
• Treaty ratification
• Constitutionality of legislation
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Article 120
The Constitutional Court is the sole body competent to oversee the constitutionality
of the following:
• Draft laws, upon the request of the President of the Republic, the Head of
Government, or thirty members of the Assembly of the Representatives of
the People. The request shall be filed within seven days from the
Assembly’s ratification of the draft law or ratification of a draft law in a
modified version, after it has been returned from the President of the
Republic.
• Constitutional draft laws submitted to it by the President of the Assembly
of the Representatives of the People as specified in Article 144 or to
determine whether the procedures of amending the Constitution have
been respected.
• Treaties presented to it by the President of the Republic before the draft
law approving them is signed.
• Laws referred to it by courts as a result of a request filed by a court, in the
case of the invocation of a claim of unconstitutionality by one of the parties
in litigation, in accordance with the procedures established by law.
• The rules of procedure of the Assembly of the Representatives of the
People, submitted to it by the Speaker of the Assembly.
The Constitutional Court is also responsible for other tasks that are conferred upon
it by the Constitution.
• Constitutionality of legislation
• Constitutional court opinions
Article 121
Decisions of the Constitutional Court are passed within 45 days from the date of
challenging constitutionality. Decisions are taken by the absolute majority of the
members of the Constitutional Court. The decision of the Court shall state whether
the challenged rulings are constitutional or not. Decisions passed by the
Constitutional Court shall be reasoned, binding to all authorities and published in the
Official Gazette of the Tunisian Republic.
If the deadline specified in the first paragraph expires without the Court having
passed its decision, it must immediately refer the draft law to the President of the
Republic.
• Constitutionality of legislation
Article 122
An unconstitutional draft law shall be referred to the President of the Republic who
refers it to the Assembly of the Representatives of the People for a second reading in
accordance with the Constitutional Court’s decision. The President of the Republic
shall, before signing the draft law, resubmit it to the Constitutional Court to
reconsider and rule on its constitutionality.
In the case of the Assembly of the Representatives of the People adopting a draft
law, amended following its return, and where the court had affirmed its
constitutionality or referred it to the President after expiry of the deadline for
rendering its decision, the President of the Republic shall then refer it to the
Constitutional Court before signing it.
Tunisia 2014
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