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Tunisia - September 2024

New law transfers jurisdiction for electoral disputes to appellate courts

On 27 September, Tunisia's parliament passed a bill transferring authority over resolving electoral disputes from the Administrative Court to general appellate courts. The bill, aimed at "unifying the judicial framework," was adopted with 116 votes in favor, 12 against, and 8 abstentions. It was promulgated on 28 September, ahead of the 6 October presidential elections. The move follows growing tensions between the Independent High Authority for Elections (ISIE) and the Administrative Court. ISIE refused an August court ruling to reinstate three presidential candidates, citing failure to communicate the ruling within the legally required timeframe. The Administrative Court rejected this claim, demanding reinstatement, but ISIE has yet to comply with the ruling. Prior to the bill’s passing, the Administrative Court was the primary authority on election disputes, in the absence of a constitutional court. Protests took place throughout September, demanding the reinstatement of rejected candidates and opposing the amendments to the electoral law.

Sources: Parliament of Tunisia, Associated Press, Al Jazeera, Reuters, La Presse, International IDEA

Primary categories and factors
Info
Rule of Law -1 Rule of Law  (-1)
Judicial Independence
Predictable Enforcement
Secondary categories and factors
Info
Representation 0 Representation
Credible Elections
Participation 0 Participation
Civic Engagement

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