Tunisia: Ennahda movement calls for Constitutional Court amendment

On Monday, the Ennahda movement called for an amendment to the Law regulating the Provisional Authority to Monitor the Constitutionality of the Draft Laws. This amendment would allow the Authority to assume the functions of the Constitutional Court in respect of the procedures to fill a vacancy in the office of President of the Republic.

Following the sudden deterioration in the health of Tunisian President Beji Caid Essebsi, 92, in recent days controversy was sparked over the constitutional dilemma of who will take charge of the presidency announcement and prepare for the election, should a vacancy arise.

The disputes between parliamentary blocs have hindered the establishment of the Constitutional Court, which is the legal institution empowered by the Constitution to fill the vacancy if it should open.

The Ennahda movement said that”the controversy raised over postponing the establishment of the Constitutional Court and the institutional vacancy resulting in some of the powers granted to the court, specifically the task of announcing temporary or permanent vacancy in the office of President.

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The statement added that the Ennahda movement proposed to “amend the law regulating the Provisional Authority to Monitor the Constitutionality of the Draft Laws and take over the jurisdiction of the Constitutional Court in this area.”

Ennahda reiterated its “strong condemnation of the exploitation of the health crisis to stir confusion, and panic by some parties who oppose democracy.”

Last March, for the fifth time in row, the Tunisian parliament failed to elect members of the Constitutional Court because of the lack of consensus between the parliamentary blocs on candidates.

The Tunisian Constitution specifies in detail the method of filling the political vacancy in the position of the President of the Republic. In the case of a temporary vacancy and the existence of an impediment to the President’s ability to delegate his powers, the Constitutional Court shall meet immediately and approve the temporary vacancy in the office. The period of temporary vacancy cannot exceed 60 days.

If the vacancy in the office of the president exceeds 60 days, i.e. in the event that the President of the Republic submits a written resignation to the President of the Constitutional Court, or in case of death, permanent disability, or other reasons that make the vacancy permanent, the Constitutional Court first recognizes the permanent nature of the vacancy, then the Speaker of the House of Representatives (Parliament), currently Mohamed Ennaceur, immediately assumes the position of President of the country temporarily for a period not exceeding 90 days and not less than 45 days.

During the interim presidency, a permanent president is elected.