The Council of the Judiciary Judicial Justice decided following its meeting held on Wednesday to validate the candidacy of Moncef Kchaou for the post of first president of the Court of Cassation.
The file of his candidacy will be examined during a plenary session of the Superior Council of the Judiciary with the aim of presenting this candidacy to the President of the Republic.
After the suspension of Taieb Rached, first president of the Court of Cassation and the transfer of his file to the prosecutor’s office, the Council of the Judiciary had declared the post vacant and opened applications for the post of first president of the Court of Cassation.
More than twenty senior judges have applied for the presidency of the highest court of the judiciary.
According to Decree No. 1973-436 of 21 September 1973, as supplemented and amended, its president must be chosen from among the judges of the 3rd grade who have exercised for at least two years the functions provided for in paragraph A2 of the same article. That is:
• Attorney General, Director of Judicial Services,
• Inspector General, Department of Justice.
• President of the Real Estate Court.
• First President of the Tunis Court of Appeal.
• Prosecutor General at the Court of Appeal of Tunis.
It should be recalled that article 45 of the Organic Law on the Superior Council of the Judiciary stipulates that “Each Council of the Judiciary shall decide on career matters for the judges who fall within its competence, namely appointment, promotion and transfer. Each council shall also decide on requests for waiver of immunity, resignation, secondment, early retirement and lay-off, in accordance with the specific statutes of judges. The Council of the Judiciary decides on matters relating to the career of judges in accordance with the principles of equal opportunities, transparency, competence, impartiality and independence. To this end, it shall take into consideration the provisions and principles laid down in the Constitution and international treaties, as well as the rules and conditions laid down in the statutes of judges”.
Rifi-JDD