Tunisia: The draft of the Constitution is catastrophic, according to the president of the Union of Judges
The draft of the Tunisian constitution is catastrophic. Remains below expectations of political parties and organizations of human rights, said Raoudha Laabidi, Judge and President of the Union of Tunisian Judges, in a statement to Africanmanager the sidelines of a workshop devoted to architecture and procedures for electoral disputes in the future.
Source : https://www.marocafrik.com/english/Tunisia-The-dra...
"I can not find a name for this bill." She said that if the bill is passed, it will be politicised and there will be catastrophe for all of Tunisia. "This is very serious! 75% of the Higher Council of the Judiciary shall be appointed by the government and only a quarter elected, "she said.
She further indicated that the Tunisian judiciary is going through the worst moments of its history. "We have lived through that period with Ben Ali and Bourguiba. In the era of Ben Ali, it has been negotiating with a specific part, namely the executive and the government, which is not the case today where the judiciary is subject to pressure from everyone "said the union president judges stating that everyone wants a judiciary to the map. Everyone wants the judiciary to be used for partisan purposes without taking into account the rights and freedoms of others.
She found, moreover, that the abysmal members of the National Constituent Assembly (NCA) went on strike to pressure the government to release those arrested. It is also catastrophic, she said, that human rights organizations and political parties are threatening to strike, although they know that without the Independence of the Judiciary, we can not talk about democracy. "Unfortunately, we are still far from democracy! , "She said noting, however, that the release of the prisoners was a blow to the judiciary.
For his part, Chafik Sarssar, lecturer at the Faculty of Law and Political Sciences of Tunis, told African Manager that the weak point of the old legal framework is that it was done within a very limited framework hence the need to think, now, of a new framework and submit it subsequently to the approval of judges and judicial administration.
Another shortcoming of the old legal and legislative framework was that it had been designed exclusively for the Constituent Assembly tol sit for only one year. According to him, it could not afford the time to set time limits for appeal which were long enough.
A Decree"disposable" 35 !
On the order of 35 May 2011 on the election of the NCA, Chafik Sarssar noted that this decree is disposable since it was taken solely for the election of NCA. It is a decree just circumstantial related to elections of NAC. You have to think a code governing all future elections, since the decree was exhausted with the creation of the NAC, "he said.
On the draft of the constitution, he said it was improved somewhat, but still below expectations of Tunisians. According to him, there are several gaps even in the basics and fundamentals of the constitution. These limitations have also focused on some technical elements that were poorly made, hence the need to take into account what has been said in the scientific conferences and forums in order to get a text worthy of the Revolution.
About the project ISIE, he said that several of the shortcomings would be addressed at the particular method by which members of the NCA were selected. The latter can not, according to him, be pushed for better composition.
Monia Abid, a lawyer and former member of the ISIE, called, for her part, to discuss the jurisdiction of the court procedures and adequate and appropriate for greater justice in electoral disputes.
On electoral disputes, she said that, today, we discuss in more detail in the body that must decide on electoral disputes and the need to maintain adequate procedures under the new legislation.
It is necessary, she says, to reflect today on an instance and a court specialized in electoral disputes with the aim to have greater credibility in relation to decisions and judgments.
She added that the elections of 23 October we have already pointed out many shortcomings in relation to the legislative framework but also in relation to the practice and procedure followed.
African Manager
She further indicated that the Tunisian judiciary is going through the worst moments of its history. "We have lived through that period with Ben Ali and Bourguiba. In the era of Ben Ali, it has been negotiating with a specific part, namely the executive and the government, which is not the case today where the judiciary is subject to pressure from everyone "said the union president judges stating that everyone wants a judiciary to the map. Everyone wants the judiciary to be used for partisan purposes without taking into account the rights and freedoms of others.
She found, moreover, that the abysmal members of the National Constituent Assembly (NCA) went on strike to pressure the government to release those arrested. It is also catastrophic, she said, that human rights organizations and political parties are threatening to strike, although they know that without the Independence of the Judiciary, we can not talk about democracy. "Unfortunately, we are still far from democracy! , "She said noting, however, that the release of the prisoners was a blow to the judiciary.
For his part, Chafik Sarssar, lecturer at the Faculty of Law and Political Sciences of Tunis, told African Manager that the weak point of the old legal framework is that it was done within a very limited framework hence the need to think, now, of a new framework and submit it subsequently to the approval of judges and judicial administration.
Another shortcoming of the old legal and legislative framework was that it had been designed exclusively for the Constituent Assembly tol sit for only one year. According to him, it could not afford the time to set time limits for appeal which were long enough.
A Decree"disposable" 35 !
On the order of 35 May 2011 on the election of the NCA, Chafik Sarssar noted that this decree is disposable since it was taken solely for the election of NCA. It is a decree just circumstantial related to elections of NAC. You have to think a code governing all future elections, since the decree was exhausted with the creation of the NAC, "he said.
On the draft of the constitution, he said it was improved somewhat, but still below expectations of Tunisians. According to him, there are several gaps even in the basics and fundamentals of the constitution. These limitations have also focused on some technical elements that were poorly made, hence the need to take into account what has been said in the scientific conferences and forums in order to get a text worthy of the Revolution.
About the project ISIE, he said that several of the shortcomings would be addressed at the particular method by which members of the NCA were selected. The latter can not, according to him, be pushed for better composition.
Monia Abid, a lawyer and former member of the ISIE, called, for her part, to discuss the jurisdiction of the court procedures and adequate and appropriate for greater justice in electoral disputes.
On electoral disputes, she said that, today, we discuss in more detail in the body that must decide on electoral disputes and the need to maintain adequate procedures under the new legislation.
It is necessary, she says, to reflect today on an instance and a court specialized in electoral disputes with the aim to have greater credibility in relation to decisions and judgments.
She added that the elections of 23 October we have already pointed out many shortcomings in relation to the legislative framework but also in relation to the practice and procedure followed.
African Manager
Source : https://www.marocafrik.com/english/Tunisia-The-dra...