Tunisia's Constitution of 2014

1 PDF generated: 26 Aug 2021, 16:51 Translated by UNDP and reviewed by International IDEAP repared for distribution on with content generously provided by InternationalIDEA. This document has been recompiled and reformatted using texts collected in International IDEA' 's Constitution of generated: 26 Aug 2021, 16:51 Page 2 Tunisia 2014 Table of contents .. 3 Preamble .. 4 Title One: General Principles .. 6 Title Two: Rights and Freedoms .. 10 Title Three: Legislative Authority .. 15 Title Four: The Executive Authority .. 15 Part One: The President of the Republic .. 20 Part Two: The Government .. 24 Title Five: The Judicial Authority .. 24 Part One: The Judiciary: The Justice System, Administrative and Financial Judiciary .. 25 Section One: The Supreme Judicial Council .. 26 Section Two: The Judicial System .. 26 Section Three: Administrative Judiciary .. 27 Section Four: Financial Judiciary.

2 27 Part Two: The Constitutional Court .. 29 Title Six: Independent Constitutional Bodies .. 29 Part One: The Elections Commission .. 30 Part Two: Audio-Visual Communication Commission .. 30 Part Three: Human Rights Commission .. 30 Part Four: Commission for Sustainable Development and the Rights of Future Generations .. 30 Part Five: The Good Governance and Anti-Corruption Commission .. 31 Title Seven: Local Government .. 33 Title Eight: Amending the Constitution .. 33 Title Nine: Final Provisions .. 34 Title Ten: Transitional generated: 26 Aug 2021, 16:51 Page 3 Tunisia 2014 Preamble Source of constitutional authority PreambleIn the Name of God, the Merciful, the Compassionate God or other deitiesWe, the representatives of the Tunisian people, members of the NationalConstituent assembly ,Taking pride in the struggle of our people for independence, to build the state, forfreedom from tyranny, responding to its free will, and to achieve the objectives ofthe revolution for freedom and dignity, the revolution of December 17, 2010through January 14, 2011, with loyalty to the blood of our virtuous martyrs, to thesacrifices of Tunisian men and women over the course of generations, and breakingwith injustice, inequity, and corruption.

3 Reference to country's historyExpressing our people s commitment to the teachings of Islam and its aimscharacterized by openness and moderation, and to the human values and the highestprinciples of universal human rights, and inspired by the heritage of our civilization,accumulated over the travails of our history, from our enlightened reformistmovements that are based on the foundations of our Islamic-Arab identity and onthe gains of human civilization, and adhering to the national gains achieved by ourpeople,With a view to building a republican, democratic and participatory system, in theframework of a civil state founded on the sovereignty of the people, exercisedthrough the peaceful alternation of power through free elections, and on theprinciple of the separation and balance of powers, which guarantees the freedom ofassociation in conformity with the principles of pluralism, an impartialadministration, and good governance, which are the foundations of politicalcompetition, where the state guarantees the supremacy of the law and the respectfor freedoms and human rights, the independence of the judiciary, the equality ofrights and duties between all citizens, male and female, and equality between allregions, Motives for writing constitutionBased on the elevated status of humankind and desirous of consolidating ourcultural and civilizational affiliation to the Arab and Muslim nation, building on ournational unity that is based on citizenship, fraternity, solidarity.

4 And social justice,committed to strengthening Maghreb unity as a step towards achieving Arab unity,towards complementarity with the Muslim and African peoples, and towardscooperation with all the peoples of the world, desirous of supporting all victims ofinjustice, wherever they are, defending the peoples right to determine their owndestiny, to supporting all just liberation movements, at the forefront of which is themovement for the liberation of Palestine, and opposing all forms of colonization andof racism, Motives for writing Constitution Regional group(s) Reference to fraternity/solidarityBeing aware of the necessity of contributing to the preservation of a healthyenvironment that guarantees the sustainability of our natural resources andbequeathing a secure life to future generations, realizing the will of the people to bethe makers of their own history, believing in science, work, and creativity as noblehuman values, seeking always to be pioneers, aspiring to contribute to thedevelopment of civilization, on the basis of the independence of nationaldecision-making, world peace, and human solidarity, Protection of environment Motives for writing Constitution Reference to science Reference to fraternity/solidarityWe, in the name of the Tunisian people, with the help of God, draft this Constitution .

5 God or other generated: 26 Aug 2021, 16:51 Page 4 Tunisia 2014 Title One: General PrinciplesArticle 1 Unamendable provisionsTunisia is a free, independent, sovereign state; its religion is Islam, its languageArabic, and its system is republican. Official or national languages Official religion Type of government envisionedThis article might not be 2 Unamendable provisionsTunisia is a civil state based on citizenship, the will of the people, and the supremacyof article might not be 3 ReferendaThe people are sovereign and the source of authority, which is exercised through thepeoples representatives and by 4 The flag of the Tunisian Republic is red and bears in its midst a white circle in which isinscribed a five-pointed star surrounded by a red crescent, as provided for by law. National flagThe national anthem of the Tunisian Republic is Humat Al-Hima (Defenders of theHomeland), in accordance with the law.

6 National anthemThe motto of the Tunisian Republic of is: freedom, dignity, justice, and 5 Regional group(s)The Republic of Tunisia is part of the Arab Maghreb and works towards achieving itsunity and takes all measures to ensure its 6 Freedom of religion Freedom of opinion/thought/conscienceThe state is the guardian of religion. It guarantees freedom of conscience and belief,the free exercise of religious practices and the neutrality of mosques and places ofworship from all partisan state undertakes to disseminate the values of moderation and tolerance and theprotection of the sacred, and the prohibition of all violations thereof. It undertakesequally to prohibit and fight against calls for Takfir and the incitement of violenceand 7 Right to found a familyThe family is the nucleus of society and the state shall protect 8 State support for childrenYouth are an active force in building the generated: 26 Aug 2021, 16.

7 51 Page 5 Tunisia 2014 The state seeks to provide the necessary conditions for developing the capacities ofyouth and realizing their potential, supports them to assume responsibility, andstrives to extend and generalize their participation in social, economic, cultural andpolitical 9 Duty to serve in the militaryProtecting the unity and integrity of the homeland is a sacred duty for all service is a duty according to the regulations and conditions established bythe 10 Paying taxes and contributing towards public expenditure are obligations, through afair and equitable system. The state shall put in place the necessary mechanisms forthe collection of taxes, and to combat tax evasion and fraud. Duty to pay taxesThe state shall ensure the proper use of public funds and take the necessarymeasures to spend it according to the priorities of the national economy, andprevents corruption and all that can threaten national resources and 11 Earnings disclosure requirementAll those who assume the roles of President of the Republic, Head of Government,member of the Council of Ministers, or member of the assembly of theRepresentatives of the People, or member of any of the independent constitutionalbodies or any senior public position, must declare their assets according to theprovisions of the 12 The state shall seek to achieve social justice.

8 Sustainable development and balancebetween regions based on development indicators and the principle of positivediscrimination. Provisions for wealth redistribution Mentions of social classThe state shall seek to exploit natural resources in the most efficient 13 Legislative committees Ownership of natural resourcesNatural resources belong to the people of Tunisia. The state exercises sovereigntyover them in the name of the people. Investment contracts related to theseresources shall be presented to the competent committee in the assembly of theRepresentatives of the People. The agreements concluded shall be submitted to theAssembly for 14 The state commits to strengthen decentralization and to apply it throughout thecountry, within the framework of the unity of the 15 Public administration is at the service of the citizens and the common good.

9 It isorganized and operates in accordance with the principles of impartiality, equalityand the continuity of public services, and in conformity with the rules oftransparency, integrity, efficiency and generated: 26 Aug 2021, 16:51 Page 6 Tunisia 2014 Article 16 The state guarantees the impartiality of educational institutions from all 17 Only the state may establish armed forces and internal security forces, in conformitywith the law and in the service of the public 18 The national army is a republican army. It is an armed military force based ondiscipline that is composed and structurally organized in accordance with the lawand charged with responsibility to defend the nation, its independence and itsterritorial integrity. It is required to remain completely impartial.

10 The national armysupports the civil authorities in accordance with the provisions set out in 19 The national security forces are republican; they are responsible for maintainingsecurity and public order, ensuring the protection of individuals, institutions, andproperty, and ensuring the enforcement of the law while ensuring that freedoms arerespected, with complete 20 International law Treaty ratification Legal status of treatiesInternational agreements approved and ratified by the assembly of theRepresentatives of the People have a status superior to that of laws and inferior tothat of the Two: Rights and FreedomsArticle 21 General guarantee of equalityAll citizens, male and female, have equal rights and duties, and are equal before thelaw without any discrimination. Equality regardless of genderThe state guarantees freedoms and individual and collective rights to all citizens, andprovides all citizens the conditions for a dignified life.