Tunisia-Mukhtar: “Justifications for not setting up Constitutional Court are unknown because it is in the hands of President of the Republic” [Video]

Speaking to Tunisie Numérique, Public Law Professor Abdel Razzaq Mukhtar addressed the renewed dispute surrounding the lack of establishment of the Constitutional Court despite the selection of its members.

Professor Mukhtar clarified that the Constitutional Court has been at the centre of political tensions, especially regarding the 2014 Constitution and also the 2022. He remarked that it symbolized political discord within the executive branch, especially between the head of state and the prime minister before July 25. The reformation of the Constitutional Court in 2022 was important, as its composition exclusively implicated judges at the most elevated judicial rank, transforming the matter into a matter of concern primarily for retired magistrates.

In the same vein, he underscored the uncertainty surrounding the grounds for the Court’s lack of establishment. He pointed out that this issue, being under the purview of the President of the Republic, remains unaddressed by others and is fundamental for answering various legal questions.

The public law professor stressed the significance of the Constitutional Court, admitting that despite its weak legal framework and the lowered expectations placed upon it, its role remains critical. He attributed the current lack of establishment of the Court solely to the executive authority.

Additionally, our speaker noted the negative consequences of the Court’s absence, especially in terms of establishing a fundamental level of constitutional oversight over laws. He observed that the current structure of the Court does not align with the model envisaged in the 2014 Constitution.