23 February 2013

Tunisia: Prime Ministry Issues Clarifications On Outgoing Government Powers

Tunis — The Prime Ministry has issued, on Saturday, clarifications on the powers of the outgoing Government.

"Contrary to some suggestions reported recently and according to which the outgoing Government would act after its resignation only as a caretaker government, Article 19 of the organic law 2011-6 dated December 2011 on the provisional regulation of public authorities states, in its penultimate paragraph, that the outgoing Government keeps all its powers until the new Government takes up duties," said the Prime Ministry.

This article states explicitly and in a way that leaves no room to interpretation that the "resignation becomes effective only after the new Government takes up duties."

Besides, the resignation of the current government does not entail "any legal effect likely to restrict the powers given to it under articles 17 and 18 of the afore-mentioned organic law."

The Prime Ministry also notes that this organic law "does not empower the President of the Republic to determine the functions and nature of the powers of the government by republican decree, which is solely limited to proclaiming the acceptance of the government's resignation."

The Prime Ministry urges "all the State's political institutions to keep government action away from political wrangling, as it is in the higher interest of the country at both domestic and foreign levels."

Official Spokesman for the Presidency of the Republic Adnan Mansar had indicated, at a press briefing on Friday, that "the Republican Decree N°31, under which President Moncef Marzouki had accepted the resignation of the government of Jebali with all its ministers, states that the outgoing government is a caretaker government until the formation of a new one."

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