d) The consolidation of the powers of the Constitution Council, having become
the constitutional elections arbiter.
This significant reform to the Constitution allowed both the strengthening of the
fundamental principles on which the Republican system is built (the fundamental
rights of the individual, the principles of the pluralism of Political Parties, the
principles relative to Personal Status …) and the qualitative development of the
rules of the democratic game.
12. In parallel to the reforms to the legislative and executive powers, an in-depth
reform of the powers of the judiciary had been undertaken strengthening the
independence of the judiciary, bringing it closer to the people, strengthening the
equality of all citizens before the law and the effectiveness of the legal
guarantees.
II- Strengthening of Intellectual and Political Pluralism
13. Tunisia pursues its efforts in putting in place the appropriate mechanisms for
the construction of a pluralist democratic system. Towards this end, a series of
laws had been promulgated from 1995, including notably:
- Organic Law n° 95-68 of 24th July 1995 amending and completing the Districts’
Organic law aimed at strengthening local democracy and regional participation;
- Constitutional Law n° 95-90 of 6th November 1995 on the Constitutional Council
made possible the insertion of the organization of the Constitutional Council in the
text of the Constitution and the expansion of its authority so as to make it the
supreme arbiter of pluralist elections;
- Law n° 97-48 of 21st July 1997, relative to the public financing of Political
Parties. This law sanctions partisan politics, consolidates the role of Parties in
political life, reinforces the measures already put in place by the Electoral Code
pertaining to the financing of the electoral campaigns for candidates to the office
of President of the Republic, to the National Assembly and to the Municipal
Councils;
- Constitutional law n° 99-52 of 30th June 1999, establishing dispensatory
provisions to the 3rd paragraph of Article 40 of the Constitution. This situational
law strengthened the pluralism guaranteeing the representation of the Political
Parties in the presidential election of 1999, by allowing the leaders of the
opposition parties (Chairperson or Secretary General) to present their
candidature to the highest office, in case the conditions of the presentation of
candidature, as provided for by the Article of the Constitution mentioned above,
cannot be fulfilled. However, the candidate, on the date of submission of his
candidature, must have been in office for at least five consecutive years and his
party should have one member or more in the National Assembly;
-Constitutional law n° 2003-34 of 13th May 2003, establishing dispensatory
provisions to paragraph 3 of Article 40 of the Constitution, specified that the
candidature is not limited to only the leader of the party, as was the case in 1999,
but it is up to each of the five Political Parties, represented in the National
Assembly, to propose one of the members of its executive body as candidate for
the presidential elections.
14. The putting in place of the legal framework of the intellectual and political
pluralism constitutes a backdrop of public affairs in Tunisia. Law n° 59-154 of 7th
November 1959 on the organization of Associations had been amended by the
Laws of 2nd August 1988 and 2nd April 1992 making it more liberal and
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