100. In the present case, it is the Applicant’s case that the Respondent State, in
the exercise of its executive power, interfered in the legislative arena in the
quest to confer legislative power on the executive. The aim is to abolish the
bicameral legislature and vest in the Head of State the legislative
prerogative of the Assembly of People’s Representatives.
101. It emerges from the Application that after their election on 23 October 2011,
members of the Constituent National Assembly, on 16 December 2011,
adopted a constituent law29 which conferred on the Constituent National
Assembly the power to draft a new Constitution,30 in addition to the power
to act as a unicameral Parliament and thus exercise the legislative power
previously vested in the Assembly of People’s Representatives. In effect, it
adopts organic and ordinary laws and appoints transitional governments. 31
102. The Court further notes that, subsequent to the dissolution of the
Constituent National Assembly and the election of the People’s
Representatives Assembly in 2014, the President of the Republic, by decree
of 22 September 2021, suspended the powers of the People's
Representatives Assembly32, lifted the immunity of its members, abolished
the bonuses and benefits of its members
33
and assumed decree-based
legislative power.34
103. The Court notes that these exceptional provisional measures, taken for the
duration of the civil unrest that broke out on 25 July 2021, were extended
for an indefinite period, as announced by the Head of State speaking on 24
29
See Constituent Law No. 2011-6 of 16 December 2011 on the provisional organization of public
authorities.
30 Article 2 of the Constituent Law.
31 See Articles 3 and 4 of the Constituent Law.
32 Article 1 - The powers of the Assembly of People’s Representatives are suspended.
33 Art. 2 - Parliamentary immunity of all members of the Assembly of People’s Representatives is lifted.
Art. 3 - All bonuses and benefits accruing to the President and members of the Assembly of People’s
Representatives are abolished.
34 Art. 4 - Laws are passed by decree-law and are promulgated by the President of the Republic who
orders their publication in the Official Journal of the Republic of Tunisia, after deliberation by the
Cabinet.
27