12 April 2014

Tunisia: Articles 1 to 4 of Law On Constitutionality Control Authority Adopted

Bardo — The National Constituent Assembly (NCA) adopted, Saturday, the first four articles of the draft law providing for the creation of the provisional authority of laws' constitutionality control.

The compromise commission decided on the disagreements on this draft law, asserted at the start of the plenary session, president of the general legislation commission Kalthoum Badreddine. She added that several amendments were removed.

Before starting the discussion article by article of this draft law, NCA member Mabrouka Ben Mbarek proposed to change the name of the authority by adding the word "independent". A proposal rejected by the deputies by maintaining its initial name by 140 votes.

Article one of the general provisions chapter was adopted by a comfortable majority (141 for and 6 abstentions). One consensual proposal was retained. No change was made to article 2 of the same chapter adopted by 128 deputies.

Article 3 was approved by 127 for, 12 abstention and 4 against.

The NCA adopted article 4 related to the composition of the authority. Two proposals related to this article were accepted. The first concerns adding the terms "or assembly of the people's representatives" to avoid a possible constitutional vacuum in case of vacancy in the composition of the authority after the election of the members of parliament.

The second proposal consists in the change of the term "of the date of publishing this law in the Official Gazette" by "the date of the adoption of this law."

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