The Provisional Supreme Judicial Council, whose creation decree was published in the Official Gazette of the Tunisian Republic (JORT) on Sunday is composed of the provisional juridical justice council, the provisonal administrative justice council and the provisional financial justice council.
Under Decree No. 2022-10 of February 10, 2022, the Provisional Supreme Judicial Council is chaired by the First President of the Court of Cassation. Its two vice-presidents are the First President of the Administrative Court and the President of the Court of Auditors.
Composition of the Provisional Council of the Juridical Justice
– President: First President of the Court of Cassation
– Vice-chairperspon: Attorney General of the Republic at the Court of Cassation
– Rapporteur: State Prosecutor, Director of Judicial Services
– Member: President of the Real Estate Court
– Members: Three retired magistrates, recognised for their competence, integrity and independence, and who do not exercise any other trade or profession. They shall be appointed by presidential decree.
Composition of the Provisional Administrative Justice Council:
– President: First President of the Administrative Tribunal
– Vice-Chairperson: The longest serving President of the Chamber of the Court of Cassation, provided that he or she is not a deputy of the First President.
– Rapporteur: The longest serving State delegate
– Member: The longest-serving President of a Chamber of Appeal.
– Members: Three retired magistrates of the administrative justice system, recognised for their competence, integrity and independence, and who do not exercise any other trade or profession. They shall be appointed by presidential decree.
Composition of the Provisional Financial Justice Council:
– President: First President of the Court of Auditors
– Vice-Chairperson: State Prosecutor
– Rapporteur: Deputy to the First President
– Member: The longest serving President of a Chamber of Appeal
– Members: Three retired magistrates of the financial justice system who are recognised for their competence, integrity and independence, and who do not exercise any other trade or profession. They shall be appointed by presidential decree.
The applications of retired magistrates shall be submitted to the Provisional Councils concerned within a maximum of ten (10) days from the date of publication of this decree in the JORT.
Applications for the Provisional Council of the Juridical Justice shall be submitted to the Ministry of Justice. Those relating to the Provisional administrative and financial justice councils shall be submitted to the Prime Ministry.
The list of candidates is forwarded to the President of the Republic, who reserves the right to appoint three retired magistrates for each Council, whether or not their names appear on the list.
In the event of a permanent vacancy in the composition of the Supreme Judicial Council, the list of candidates shall be submitted to the President of the Republic within a maximum of 21 days from the date on which the vacancy is established.
After this period, the President of the Republic appoints a person of his choice who meets the criteria set out in the decree.
Decree No. 2022-10 of February 10, 2022 nullifies the organic law No. 2016-34 of April 28 2016 on the organisation of the Supreme Council of the Judiciary, which was dissolved for this purpose.
Source: Tap News Agency