The Judicial justice Council 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 meeting of the Superior Council of the Magistracy with the aim of presenting this candidacy to the President of the Republic.
Kchaou is currently chamber president at the Tunis Court of Cassation. He had previously been the first president of the Court of Appeal of Medenine, president of the Court of First Instance of Sfax and advisor to the Court of Cassation.
After the suspension of Taieb Rached, first president of the Court of Cassation and the transfer of his case to the prosecution, the Judicial Magistracy Council declared the post vacant and opened applications for the post of first president of the Court of Cassation.
More than 20 senior judges have run for the presidency of the highest court in the judiciary.
According to decree n ° 1973-436 of September 21, 1973, as completed and modified, its president must be chosen from among the magistrates of the 3rd grade who have exercised for at least two years the functions provided for in paragraph A of the same article.
Recall that article 45 of the organic law relating to the Superior Council of the Magistrature stipulates that “Each magistrate’s council decides on matters of career for the magistrates who come under its competence, namely the appointment, the promotion and the transfer. Each council also rules on requests for the waiver of immunity, resignation, secondment, early retirement and layoff, in accordance with the special statutes of magistrates. The Judicial Council decides on matters relating to the career of magistrates in accordance with the principles of equal opportunities, transparency, competence, impartiality and independence. To this end, it takes into consideration the provisions and principles provided for by the constitution and international treaties, as well as the rules and conditions provided for by the statutes of magistrates ”.
