ARTICLE 26
The Independence of the Judiciary
615. Article 26 of the Charter relates to the responsibility of the States « to
guarantee the independence of the courts and shall allow the establishment and
the improvement of the appropriate national institutions entrusted with the
promotion and protection of the rights and freedoms guaranteed by the present
Charter ».
616. In Tunisia, the Tribunals and law Courts are independent and are only
answerable to the Constitution and to the law, whether they fall under judiciary
jurisdiction or administrative jurisdiction. The courts of limited jurisdiction are
prohibited.
617. The independence of the judiciary is guaranteed by the Constitution, whose
Article 65 stipulates categorically that « the judiciary authority is independent;
the magistrates are only subjected to the authority of the law in the exercise of
their duties ».
618. This independence is moreover concretized at the level of the definition of
the role of the Supreme Council of the Magistracy which operates as a
guarantor of the independence of the Magistrates. In effect, this body is not only
required to issue simple opinions, but also to taken binding decisions, notably in
matters of appointment, promotion, transfers and discipline in conformity with
Article 67 of the Constitution.
619. Within the framework of the strengthening of the independence of the
judiciary, instructions had been given for the setting up of Committee from within
the Supreme Council of the Magistracy, responsible for examining the means
likely to improve the status of the Magistrates. This Committee had advocated
the improvement of the status of the Magistrates so as to strengthen the
independence of the judiciary, to guarantee the efficiency of the judicial activities
and protect the rights of those brought to justice.
620. In the same spirit and in the context of the interest given to the material and
moral conditions of the Magistrates in the exercise of their duties, a new
allowance had been established for their benefit, known as « duty allowance ».
The Magistrates also benefited, in the context of the programme every three
years, from an increase in « the justice allowance ». Likewise, it had been
decided to improve the situation of the President and Public Prosecutors of the
Court of Appeal, as well as the working conditions of the Magistrates occupying
similar functions and the First Class Magistrates having spent six years in that
grade.
621. The supremacy of the law, the establishment of justice and equity within
the rule of law and in the institutions constitute the steadfast choices of Tunisian
policy. To concretize these choices the action of bringing justice closer to the
citizen, of consolidating judicial guarantees and the strengthening of the
independence of the judiciary is pursued.
622. Furthermore, in the context of the simplification of the systems and of the
judicial procedures, there is need to mention the contribution of the various
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