The President of Tunisia’s National Bar Association and of the Judiciary Committee of the National Advisory Commission for a New Republic, Brahim Bouderbala, believed that only the President of the Republic, Kaïs Saïed, could decide to publish the proposal for the new Constitution as a result of this commission’s work. ” Ten minutes before the presentation of the document to the Head of State, I was able to consult the entire Constitution, from the preamble to the transitional provisions. I left the place happy with what I had seen “, he added.
Invited on June 21, 2022 by Elyes Gharbi on Mosaïque Fm radio, Brahim Bouderbala announced that the new constitution included more than 140 articles organized into twelve or eleven chapters. He explained that some people known for their skills participated in the revision of the final draft to improve it and perfect the text. They are Radhi Meddeb, Hichem Elloumi, Bechir Alaya and Ahmed Friâa. He explained that the part of the constitution that was leaked by the newspaper Al Maghreb had been reformulated.
Brahim Boduerbala also specified that the issue of Arab-Muslim membership and inheritance had been mentioned in the preamble to the draft of the new constitution. He explained that a legal committee was formed by law professors and experts. They helped write the constitution. ” Dean Sadok Belaïd worked an average of 14 hours a day … There are other names that you know who attended and worked to meet deadlines … Dean Sadok Belaïd had explained that there was no quorum and that the meetings will find place with the participation of these. who has responded to the invitation … It is an advisory committee … Only the President can decide and consult the people … He can proceed with an amendment to the Constitution’s proposal “, He answered the questions concerning the absence of the deans of the law faculties and the true composition, which has become secret, of legal committees.
Subsequently, Brahim Bouderbala indicated that the post of Prime Minister would be replaced by a Prime Minister appointed by the President of the Republic. The latter will also choose the composition of the government. The legislature will have a role of control over the government. As for the election of the Prime Minister, Brahim Bouderbala tried to avoid answering the question. He subsequently believed that the presidential system did not necessarily require the appointment of the candidate for the political party or electoral coalition who had obtained the largest number of seats in parliament as prime minister. He insisted on coexistence between parliament and the executive.
He explained that every official, regardless of his rank, including the President of the Republic, was employed in the service of the State. The new constitution will allow a referendum to be held after the submission of a petition containing at least one million signatures. He explained that the dismissal of the deputy was not mentioned in the constitution. According to him, this will have to be formulated in other legislation. The population will also have ongoing control over the deputies. He denied the creation of the post of vice president.
Brahim Bouderbala said the judiciary will also be approached as a function. He believed that certain magistrates did not deserve to be fired. He believed that the opening of a judicial inquiry against the 57 judges dismissed by presidential decree guaranteed the right to a fair hearing. He explained that the judges and the Tunisian army were concerned about the ban on strikes.
The President of the Bar Association believed that the punishment for normalization with the Zionist entity should not be dealt with in the Constitution. He explained that talking about it meant acknowledging its existence. He argued that the new constitution did not mention gender equality.
Brahim Bouderbala recalled that the Commission insisted on the liberalization of initiative and entrepreneurship through the cancellation of permits. This also aims to combat monopolization and the rentier economy.