Tunisia is on the verge of entering a new constitutional and political crisis, after the rejection of the Presidency of the Republic on Tuesday evening. The new cabinet reshuffle was announced by Prime Minister Youssef witness on Monday evening, “The President of the Republic, Baiji Qais al-Sibsi, does not agree with the path taken by Prime Minister Yousef the witness regarding the reshuffle, because it was characterized by a quickening and a fait accompli,” presidential spokeswoman Saida Qarash told Tunisian state news agency TAP. “The President of the Republic was not consulted regarding this amendment and the President of the Republic was informed of a list at the end of the day, which appears to have changed later,” she said. “This government has become the government of the Nahdha movement that appointed the witness, and the president was informed of the amendment by the media,” said Noureddine Ben Ticha, a presidential adviser.
This situation opens the door to a major constitutional crisis, in addition to the political crisis, which is already blooming, and is supposed to lead to stagnation in government work and not to leave the new ministers, and the beginning of a deep crisis a year before the presidential elections next year. The witness was aware of this, and he accepted the position of the presidency when announcing the amendment, stressing that he “carried out the ministerial reshuffle and assumed his responsibilities in accordance with the powers vested in him constitutionally.”
Al-Sibsi confused the witness and his allies by rejecting the amendment
However, there is a genuine constitutional dilemma revealed by the new crisis. The constitution’s authors did not pay enough attention to these loopholes and pitfalls that could disrupt the institutions and merely pointed out that “differences between the president and the prime minister can be referred to the constitutional court.” The Constitutional Court was supposed to have been at the top of the parliament’s agenda at its current session, which began in early October. The establishment of the Constitutional Court as stipulated in the 2014 Constitution is the biggest challenge facing the Tunisian Parliament, which has been unable, in successive sessions, to elect four judges elected by the Parliament, so that President Béji Kaid Sibsi and the Supreme Council of Magistracy appoint the rest of the members (four appointed by the President and four others appointed by the Supreme Council) To eliminate) and to end the legal vacuum that is causing concern in the country’s political circles. But this has not happened because of the ongoing political crisis.
The constitutional custom has been in place since 2014, following the assumption of the presidency of the republic, to request the government amendment from parliament, in partnership with the prime minister, whether fishing lover or witness, but the latter exceeded this, and the amendment alone. The constitutional law experts considered that “there is no objection to the prime minister from going directly to the parliament in order to trust his new ministers, in accordance with Chapter 92 of the Constitution, which authorizes him to appoint ministers, delete ministerial portfolios or create new ministries and make them the core of his competence, The President of the country to appoint the Ministers of Foreign Affairs (on the basis that the President of the Republic is the primary foreign policy and defense) on the grounds that the President of the Republic is the Supreme Commander of the Armed Forces.
Although al-Sibsi can not prevent a witness from going directly to Parliament to gain confidence, there are two important phases. The first is the battle to win the confidence of 109 deputies to pass the amendment, while the second is the possibility of disrupting the final stage of the life of the reshuffle, which is the swearing in before the President of the Republic of the new ministers and issuance of presidential order to be officially named and published the decision to appoint them in the Official Gazette. In the second stage, there are certain conditions for the commencement of tasks in a large number of professions, such as judges, lawyers and doctors.
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Media and journalist at NEFZAWA FM KEBILI Mouez is an accredited correspondent for international news agencies, Diplomatic adviser, and founding member of the Voice of Nafzwa Association. Arab and African champions in athletics. Communications Engineer.
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