of the Republic, the President of the Constituent Constituent Assembly and
the Head of Government.
4.
It also emerges from the Application that certain decree-laws adopted
sought to deprive the Constitutional Council of its prerogatives2 until the
adoption of a new Constitution on 27 January 2014 by the National
Constituent Assembly without prior consultation of the people by means of
a referendum.
5.
The Applicant avers that since then, a feeling of discontent and
disenchantment has persisted among the Tunisian people, characterised by
the collapse of the rule of law, disintegration of its institutions, constitutional
stalemate, political crises, violence of all kinds and increasing crime. It was
against this backdrop that she brought present case before this Court,
challenging the adoption of a Constitution without consulting the people, and
denouncing the violation of the Tunisian people’s right to self-determination.
B. Alleged violations
6.
The Applicant alleges violation of the following rights:
i.
The right of peoples to self-determination and their right to freely
determine their political status, protected by Article 20 of the Charter;
ii.
The obligation to guarantee the independence of the courts and to
establish institutions entrusted with the protection of human rights,
guaranteed by Article 26 of the Charter.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
7.
The Application was filed at the Registry of the Courton 26 July 2021 and
served on the Respondent State on 15 October 2021.
2
Organic Law No. 2014-014 of 18 April 2014 on the Provisional Institution for the Control of the
Constitutionality of Draft Laws (IPCCPL).
3