Tunisia-Temporary CSM: its composition and mandates and areas of intervention by the Head of State

The temporary Supreme Judicial Council has been created under Presidential Decree No. 11 published in the Official Gazette of the Tunisian Republic (JORT).

The council, which enjoys administrative and financial independence, replaces the Supreme Judicial (French: CSM) mentioned in the Organic Law No. 2016-34.

The new provisional council will carry out its mission until the establishment of a Supreme Judicial Council. The First President of the Court of Cassation will head the council.

The temporary council is composed of the temporary juridical judicial council, the temporary administrative justice council and the temporary financial justice council.

It is composed of 21 members, divided into the juridical, administrative and financial justice with 7 members each. Four of them are appointed in their capacity and the other three are retired magistrates appointed by presidential decree and recognised for their integrity and competence.

The president of the temporary supreme judicial council is the first president of the Court of Cassation, who heads also the supreme juridical judicial council.

He is assisted by two vice-presidents: the first president of the Administrative Court (head of the temporary administrative justice council) and the president of the Court of Auditors (head of the temporary financial justice council.

No lawyers, bailiffs, academics or accountants have been appointed to the new council.

According to Article 9 of the new decree-law, it is formally forbidden for magistrates of all categories to go on a strike or engage in any other collective activity that is likely to hinder the smooth running of work in the courts.

Among the mandates of the new council are proposing the necessary reforms for the sector, giving opinions on the legislation governing the sector and managing the annual judges’ reshuffle.

According to Article 19 of the decree-law, the President of the Republic is responsible for signing the judges’ reshuffle for each category and has the power to oppose an appointment, promotion or permutation.

(TAP)