✍️ Title V: The Judicial Power
Article 44 – Independence of the Judiciary
The judiciary is an authority independent from the legislative and executive powers.
The State guarantees its independence and impartiality.
Judgments are rendered in the name of the Tunisian people and are binding on all: individuals, institutions, and authorities.
Article 45 – Components of the Judiciary
The judiciary consists of three main branches:
-
Judicial courts: competent in disputes between individuals and criminal cases.
-
Administrative courts: competent in reviewing administrative actions and ensuring compliance with the law.
-
Financial courts: competent in monitoring public finances and holding public bodies and institutions accountable.
The law shall regulate the organization of each judicial branch, its composition, its jurisdiction, and the means of appeal against its decisions.
Article 46 – The High Council of the Judiciary
The High Council of the Judiciary is an independent constitutional body, endowed with legal personality and financial and administrative autonomy.
Its members are elected from among judges, with representation from civil society and academia.
The Council is responsible for:
-
overseeing judicial careers;
-
appointments, promotions, and transfers;
-
accountability and disciplinary measures;
-
protecting the independence of the judiciary from any interference;
-
giving mandatory opinions on draft laws relating to the judiciary.
Article 47 – The Public Prosecution
The Public Prosecution is part of the judiciary.
It is independent, acts in the name of society, and in accordance with the law.
It exercises its authority under judicial oversight and is not subject to any political or administrative pressure or direction.
Article 48 – Guarantees for Judges
Judges are independent and subject only to the law in rendering their judgments.
They enjoy guarantees of impartiality and integrity.
They may not be dismissed or transferred without legal justification and by judicial decision.
Judges are prohibited from engaging in partisan, political, or trade union activities while in office.
They are bound by a judicial code of ethics ensuring integrity and transparency.
Article 49 – Publicity of Hearings
Hearings are public, except in exceptional cases defined by law for the protection of public order, morals, the interests of minors, or national security.
All judgments must be reasoned and delivered in public hearings.
Article 50 – Right of Access to Justice
The right to access justice is guaranteed to all persons.
The Constitution guarantees the right to a fair trial, within a reasonable time, before an independent and impartial court.
Legal aid shall be provided to those unable to bear the costs of proceedings.
Article 51 – The Supreme Constitutional Court
A Supreme Constitutional Court shall be established as an independent body composed of judges and experts in constitutional law, partly elected by Parliament and the High Council of the Judiciary, and partly appointed by the President of the Republic.
The Constitutional Court shall:
-
review the constitutionality of laws before and after promulgation;
-
resolve conflicts of competence between the branches of power;
-
adjudicate final electoral appeals;
-
try the President of the Republic and members of the Government in cases of serious violation of the Constitution or high treason.