Today, 20 June 2022, Belad will present the proposal for the new constitution
As part of the realization of his political project, the President of the Republic, Kaïs Saïed, had embarked on the establishment of the National Advisory Commission for a New Republic. The latter had been tasked with presenting a proposal for a new constitution. Legislative Decree No. 2022-30 of 19 May 2022 establishing the Commission explains that it consists of three committees: one responsible for economic and social affairs and another responsible for legal affairs. The third brings together all the members of the two committees.
The head of state, Kaïs Saïed, had instructed law professor Sadok Belaïd to chair the National Advisory Commission. Today, 20 June 2022, he will present the proposal for the new constitution to the President of the Republic, Kaïs Saïed. Sadok Belaïd had also indicated that he would continue with the publication of this proposal. The president of the Tunisian National Bar Association, Brahim Bouderbala, has been appointed chairman of the Committee on Social and Economic Affairs. The Committee on Legal Affairs, which was responsible for drafting the new constitution, never saw the light of day. Its members, the deans of the law faculties and the law and political science faculties, refused to participate in this initiative.
Pursuant to Legislative Decree No. 2022-30 of 19 May 2022, the Committee on Legal Affairs was required to submit a report on its deliberations and the results of its work after their approval no later than 13 June 2022. this committee was held. The case did not seem to bother the coordinating chairman of the commission and the rest of its members. Like the President of the Republic, the latter has excelled in politics with a headache of haste. They held three meetings. The last one had lasted a whole weekend! All this with the aim of developing a constitution in the service of the President of the Republic and his political project.
As for the new political regime, Sadok Belaïd had revealed in a media appearance that there will be no judiciary and that justice will only be a simple sector under the control and supervision of the executive. He insinuated that all the rights of the executive would be in the hands of the President of the Republic. It is e.g. up to him to appoint the Prime Minister and this without any obligation to take into account the results of the parliamentary elections. There will be no government in the classical sense of the term, but a governing body primarily responsible for economic and social issues. Parliament’s role, for its part, will be limited to passing laws on matters of a legislative nature. The new constitution will abolish several bodies and institutions mentioned by it from 2014. The chairman of the Advisory Committee had considered that the principle of separation of powers was obsolete. He explained that the new constitution would revise this theory and that Montesquieu had developed a theory of the separation of powers without thinking about how they would function.
Sadok Belaïd explained in another media statement that the regime will be neither presidential nor parliamentary. ” We had a corrupt presidential government. I am from Bourguiba deep down, but the Bourguiba regime has failed, the Ben Ali regime has failed, and that is also the case with the current regime. Now we do not want a presidential or parliamentary government. I want to introduce a regime that is capable of boosting the national economy. It is a pure Tunisian diet “, he added.
Part of this new constitution had been published over the last week. About 27 articles had been leaked by the newspaper Al Maghreb. They concerned what appears to be a new chapter in the Constitution devoted to Tunisia’s economic and social policy. A document that had caused concern and astonishment among several citizens, politicians and law professors. They noted the excessive use of the terms “within the bounds of the law” or “according to the law”. They believed that the new constitution would open the door to violations of rights and freedoms by simple enactment of laws. They also regretted the inclusion of provisions that are more related to the tax area, or which must be referred to in the Finance Act and not in the Constitution. Some criticism has also focused on Article Two of this draft. They believed that the use of the term “which will enable the country to emerge from the current deep crisis” was nonsense. They believed that the end of this crisis would therefore require the use of a referendum to remove this term from the Constitution.
In addition, criticism was leveled at the form of the text and the use of expressions that have no connection with the law and have no legal significance. The main reason for the many shortcomings in this text is the absence of experts and the lack of legal knowledge among the members of the Economic and Social Committee. This was recently confirmed. During the meeting of the National Commission for a New Republic on June 18, 2022, the Secretary General of the Tunisian Conservative Party, Sabri Hafnaoui, found himself at the door following a decision by the Coordinating President, Sadok Belaïd. Sabri Hafnaoui explained that he was thrown out because of a document he wanted to distribute to the rest of the committee members. The document in question is a letter addressed to the President of the Republic and a sheet containing proposals concerning the electoral law, the new constitution and the economic policy of the state. She had quickly gone around the net. It was a text written in the Tunisian dialect. The document has been called ridiculous, populist and absurd. The letter was a jumble of nonsense and junk. The list of suggestions accumulated misspellings and had no legal value.
In addition, it should be noted that several political parties, parties and organizations had announced their refusal to participate in the work of the Commission. At the top of this list we can quote UGTT and Afek Tounes. On the other hand, we note the participation of Imed Hammami, former Nahdhaoui leader, as well as Ahmed Friâa, former Minister of the Interior during Ben Ali’s reign, in drafting the constitution for the new Tunisia.