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Tunisia – Draft law on the Constitutional Court: A new step in Parliament

    The General Legislation Committee is holding, this Tuesday, February 17, 2026, a hearing session with the MPs who initiated the Organic Law Proposal No. 100/2025 on the Constitutional Court. The meeting forms part of the review of the text and its key provisions, notably the future body’s powers, its composition, and the rules for electing its leadership.

    Powers of the constitutional court under article 4

    Under Article 4 of the proposal, the Constitutional Court would be responsible for ruling on the constitutionality of several texts and procedures, including:

    Reviewing the constitutionality of laws
    Reviewing the constitutionality of treaties
    Examining the rules of procedure of the two chambers: the Council of Deputies and the Council of Regions and Districts
    Examining drafts and procedures for amending the Constitution, within the framework of constitutional revisions

    Composition: 9 members drawn from three jurisdictions
    Article 8 provides that the Constitutional Court will be composed of nine members, who will be appointed by decree. Their selection is based on a three-tier distribution, with each third coming from a different jurisdiction:

    First third: the most senior presidents of chambers at the Court of Cassation
    Second third: the most senior presidents of cassation or advisory chambers at the Administrative Court
    Third third: the most senior members of the Court of Accounts
    This structure is intended to ensure representation of the main judicial bodies within the future constitutional jurisdiction.

    Election of the president and vice-president by absolute majority

    According to Article 12, the members of the Constitutional Court elect from among themselves, by secret ballot and by an absolute majority, a president and then a vice-president, successively.

    This provision sets out an internal mechanism for appointing the institution’s leadership once the nine members are in place.

    The session scheduled for February 17, 2026 thus marks a further step in the parliamentary process for Organic Law Proposal No. 100/2025, in a file regarded as central to Tunisia’s constitutional architecture.

     

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