During his unannounced visit to Sidi Bouzid, Monday, September 20, 2021, the President of the Republic Kais Saied announced the modification of the electoral law in view of new legislative elections which will lead to the installation of a Parliament that serves the interests citizens.
It is worth mentioning that, this statement elicited various reactions and observers broke down on the modalities of the amendment of this law. For the necessary explanations, “JDD Tunisia” contacted the lawyer and the constitutional law expert, Rabah Khraifi, to get answers.
“JDD Tunisie”: Is the amendment to the electoral law constitutional?
RK: The electoral law we are talking about is the one promulgated on May 26, 2014. It is true that under normal circumstances, only parliament has the right to amend this law. But since its activities are suspended, by virtue of article 80 of the Constitution, and the announcement of the state of excellence by the President of the Republic, the latter could proceed to its modification, without passing by the vote of deputies.
JDD: How is the president going to go about amending it?
RK: The president spoke about an amendment of the chapters in relation to the legislative branch and the executive branch. General freedoms, the judiciary and the power of local communities are not affected by this modification.Now let’s talk about the steps to follow in order to make this amendment, which can only take place after the publication of the text on the provisional organization of public powers which will grant the President of the Republic the power to legislate by decree-laws which are not not subject to appeal. He will thus be able to amend the electoral law.
JDD: Can we say that the current Parliament is no longer?
RK: The current parliament is in imminent peril and after the president’s statements yesterday, it is understood that the current parliament is no more and that the parliamentary and political party system of 2014 is no longer.
