disciplinary ruling, before an Appeals Commission emanating from the Supreme
Council of the Magistracy.
Concerning the disciplinary punishment applicable by the Disciplinary Council, it
should be noted that Article 52 (new) removed the punishment of degradation
from this array of sanctions and reduced the period of suspension from work from
three years to nine months.
74. The jurisdiction relating to work had been modified so as to allow the more
rapid, effective settlement of disputes which are liable to arise between the
worker and the Company, within a work contract, considering the importance of
settling these disputes and their impact on social peace and on the success of the
development effort. In this context, the procedures for submission of appeals to
the Council of the elected industrial tribunal had been lightened in order to
facilitate the exercise of the right of appeal before these Councils. Thus, the
Councils of the elected industrial tribunals had been re-organized and new
Councils had been created in the head office of each Magistrates’ Court.
75. Moreover, the jurisdiction in the area of employment had been amended by
the law n° 94-28 of 21st February 1994, establishing the system of compensation
for damages resulting from accidents at work and illness acquired in the
workplace. Furthermore, the local Judge’s role of arbitrator had been
strengthened under the terms of the law n° 94-59 of 23rd May 1994 amending and
completing certain Articles of the Civil and Commercial Procedure Code. Under
the terms of this law, the local Judge who could rule in the first instance for up to
3,000 Dinars only in lawsuits for payments on personal effects or property had his
competence broadened to include lawsuits for payments amounting to 7,000
Dinars. This amendment reflects the will of the legislator to bring justice to the
people considering that the local courts are established in all the districts (SubPrefectures).
76. Moreover, the new law compels the Magistrate to make attempts at
reconciliation between the two parties before making a ruling. In this way, the
local Judge has a social and humanitarian role which allows him to contribute
effectively to the establishment of social peace and to the sanctioning of a spirit of
tolerance and harmony between the triables through judicial reconciliation.
b) The Administrative Tribunal
77. Law n° 72-40 of the 1st June 1972 relative to the Administrative Tribunal
stipulates, in its Article 3, that this body is competent to rule on proceedings for
annulment against the actions of the administrative authorities. Article 5 of this
same law stipulates that these appeals are aimed at guaranteeing, in conformity
with the laws, the regulations in force and with the general principles of law, the
respect for the law by the executive authorities. Besides, the civil responsibility of
the State can be commited, even where it acts as a public authority, if its
representatives, officials or servants have caused material or moral damage to
another. The injured party can demand compensation from the State for the
damage caused him (Article 84 of the Obligations and Contracts Code), this
notwithstanding the direct responsibility of these officials towards the injured
parties.
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