Salwa Hamrouni: the “innovations” of the presidential project have been a failure in the past
The professor of constitutional law and the president of the Tunisian Association of Constitutional Law (ATDC), Salwa Hamrouni, confirmed that the president of the republic, Kaïs Saïed, has drafted a tailor-made electoral law aimed at serving the interests of his own project. Politics. She believed that the electoral decree showed its intentions to weaken the legislative power and that this text did not respect the minimum threshold in electoral matters. “ There are no sanctions in relation to electoral offenses against the President of the Republic, even with regard to foreign funding. Only deputies are sanctioned in this case “, she said.
Invited on September 22, 2022 by Elyes Gharbi on Mosaïque Fm radio, Salw Hamrouny believed that the President of the Republic project did not contain any innovation. She clarified that the mechanism to withdraw the confidence of an elected official had been introduced and then abandoned in several countries due to its ineffectiveness. This measurement dates back to the 18th century. According to her, the head of state’s project represents experiences that have previously shown their shortcomings. She assured that the electoral law would not put an end to practices that concretize corruption and the use of dirty money. She returned to the next Parliament’s lack of powers and the connection between MPs. She pointed the finger at the deposition of party political or ideological affiliation. This approach aims to make the assembly a simple recording chamber, that is, a parliamentary chamber without a role and without significant influence on political life.
” The regulation of political life can be done through the Danish Parliament’s rules of procedure. Several countries have implemented standards regarding political life and the role of parliamentarians without undermining the role of elected officials… Even those who did not support the president no longer wanted to have anything to do with the assembly’s representatives of the people in 2019… Tunisia has an arsenal of laws to combat rumours, violence against women or conflicts of interest… It is not a question of legal texts, but of the application of the law and political will… The Assembly had refused to take seriously the requests for the lifting of immunity directed at certain elected officials … There were laws that only served to look pretty in the eyes of the international scene “, she said.
Salwa Hamrouni wondered about the mechanisms that had to be adopted to proceed with the election of the Speaker of the Parliament and the distribution of elected representatives in the commissions. She explained that MPs in other countries, elected by a single ticket, easily form alliances due to their ideological and party political affiliations.
Subsequently, the law professor believed that Kaïs Saïed’s legitimacy had been ethically tainted since he had sworn to protect the 2014 constitution and ensure its application. She believed that the head of state could consider holding an early presidential election to put an end to any suspicion of his popularity. Ms. Hamrouni emphasized the lack of response regarding consideration of Kaïs Saïed’s current mandate. She argued that the absence of a constitutional court showed the true intentions of the head of state. The law professor mentioned the re-establishment of the provisional body in charge of checking the constitutionality of the bill (IPCCPL). She wondered about the reasons for its dissolution. According to her, Kaïs Saïed can act freely and even go so far as to violate his own constitution. The absence of a supervisory authority immunizes its decrees and decisions. She argued that a constitutional review authority would have overturned the current electoral decree.
Salwa Hamrouni believed that the election of members of parliament could mean the end of the state of emergency. Nevertheless, she recalled that the President of the Republic could consider that the lifting of the extraordinary measures depended on several other factors, such as the creation of the National Council of Regions and Districts. Subsequently, she warned against a boycott by a large part of the political scene and civil society actors. She argued that this situation could return us to a situation similar to that before January 14, 2011.