Tunisia Adopts Law on Independent Judicial Oversight

W460

Tunisian MPs on Wednesday adopted a law creating a temporary independent body tasked with overseeing the judiciary, more than two years after the revolution and following months of disagreement.

The law was adopted almost unanimously, with 151 votes in favor and four abstentions, according to national television which broadcast the debate.

The judicial body must now be formed and replace the Superior Council of Magistrates which was in charge of appointing, promoting and disciplining judges, but lost its credibility as a tool of the ousted regime of Zine El Abidine Ben Ali.

The creation of an independent judicial body was a key commitment of the National Constituent Assembly when it was first elected in October 2011, nine months after the revolution.

Disagreement between opposition groups, the Islamist Ennahda party that heads the coalition government and their allies was the main reason for the lengthy delay in elaborating and adopting the law.

The compromise adopted on Wednesday stipulates that the judicial authority be made up of magistrates, academics and lawyers, including ex-officio members and those elected by their peers, in order to avoid any political interference.

It must approve all disciplinary measures taken towards a judge, a key issue for the association of magistrates which has denounced attempts by Ennahda to exert control over this process.

The authority is to be dissolved and replaced with a permanent body in charge of judicial oversight upon the adoption of a new constitution, whose promulgation has also been heavily delayed.

The final draft of the constitution is due to be completed on Saturday before being submitted to parliament for approval by a two-thirds majority by July 8, according to a non-binding calendar drawn up by the assembly.

The work of the assembly, which had originally planned to ratify the constitution last October, has been delayed and undermined by divisions and the non-attendance of MPs, raising political tensions.

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