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TUNISIA
Majlis Al-Nuwab (Chamber of Deputies) PARLIAMENTARY OVERSIGHT

Compare data for parliamentary chambers in the Oversight module

Chapters:

Parliament name -
Structure of parliament Unicameral
Chamber name Majlis Al-Nuwab
Related chamber (for bicameral parliaments) Majlis al-Mustasharin / Chamber of Councillors
POLITICAL SYSTEM
Type of political regime presidential
Notes The President is the guarantor of national independence, of territorial integrity, of respect for the constitution and of laws. He/she oversees the regular functioning of the constitutional public authorities and ensures the continuity of the State.
Head of the executive President of the Republic
Notes Executive power is vested in the President, the Head of State, assisted by a Government directed by a Prime Minister (Article 37 of the Constitution). The Prime Minister directs and coordinates the action of the Government. When necessary he stands in for the President of the Council of Ministers or of any other council.
Method for appointing the executive The President is elected by universal, free, direct and secret suffrage, and may be re-elected (Article 39 of the Constitution). The President appoints the Prime Minister and, upon his proposal, the other members of the Government. He presides over the Council of Ministers and recalls the Government or any of its members on his/her own initiative or upon the proposal of the Prime Minister.
Term of office of the executive and coincidence with the term of the legislature The President is elected for five years. His/her election coincides with that of the Chamber of Deputies, also a term of five-years (Article 22 of the Constitution).
Incompatibility of the functions of member of the executive and member of Parliament No The deputies may exercise governmental functions without loosing their parliamentary status.
Dissolution of Parliament Yes
  • Circumstances
 The President may dissolve the Chamber of Deputies when it adopts the second motion of censure of the same legislature. The new President elect may also dissolve the chamber when the President of the Chamber of Deputies has been vested with the function of acting President of the Republic for a period of 45 to 60 days.
  • Modalities
 The decree of dissolution of the Chamber must incorporate the convocation of voters for new elections within 30 days. If dissolution has been pronounced, the President may adopt government decrees that must be submitted following the ratification of the two chambers according to the case. The newly elected chamber convenes by rights within eight days of the poll results being announced. In case of impossibility of proceeding with the elections at the appropriate time, the mandate of the Chamber is extended by law until it becomes possible to proceed with the elections. Between 1990 and 2000 no dissolutions took place.
ACCOUNTABILITY
Accountability of Government to Parliament Yes The Government is responsible to the President for its conduct (Article 59 of the Constitution). However, the Chamber of Deputies may implicate the collective responsibility of the Government.
Modalities of oversight
  • Oral and written questions of parliamentarians
 All members of the Chamber of Deputies may address written or oral questions to the Government (Article 61 of the Constitution). A periodic sitting may be devoted to a debate between the Chamber of Deputies and the Government on sectorial policies.
  • Government reports to Parliament
 Not applicable
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 Not applicable
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 The Chamber of Deputies may, by voting on a motion of censure, oppose the continuation of the responsibilities of the government if it finds that the government has not been adhering to general state policy and the fundamental options provided for by the President (Article 62 of the Constitution).
  • Modalites
 A motion of censure is not acceptable unless it has been motioned and signed by at least third of the deputies and voting may only take place 48 hours after the motion has been tabled. When a motion of censure is adopted by an absolute majority of the Chamber of Deputies members, the President accepts the Government's resignation put forward by the Prime Minister.
  • Consequences
 If the Chamber of Deputies adopts a second motion of censure by a two-thirds majority during the same legislature, the President may either accept the resignation of the Government or dissolve the Chamber of Deputies. No motion of censure was adopted between 1990 and 2000.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 The President enjoys jurisdictional immunity during and after the end of the exercise of his/her office (Article 41 of the Constitution). However, the High Court may meet in a case of high treason committed by a member of the Government (Article 68 of the Constitution). In case the Presidency of the Republic becomes vacant on account of death, resignation, or total incapacity, the Constitutional Council immediately convenes (Article 57 of the Constitution).
  • Modalites and procedure
 The High Court is competent to examine cases of high treason committed by members of the Government. In case of the President's vacancy, the Constitutional Council meets and ascertains a definitive vacancy by an absolute majority. It address a declaration to the Presidents of the Chamber of Counsellors and Deputies, the latter being vested with the office of the Presidency in the interim for a variable period of between 45 and 60 days. If the definitive vacancy coincides with the dissolution of the Chamber of Deputies, the President of the Chamber of Counsellors is vested with the office of the presidency in the interim. From then on neither may amendments to the Constitution be made nor may a motion of censure be brought against the Government.
  • Consequences
 During the period of an interim presidency, presidential elections are organized in order to elect a new President. The latter may dissolve the Chamber of Deputies and set up the anticipated legislative elections.
  • Have these procedures been applied?
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes The Chamber of Deputies oversees the activity of the Government, which disposes of the administration.
Means and modalities of oversight
  • Hearings in Committees
 The parliament exercises oversight over the actions of the administration by means of hearings in the committees.
  • Committees of inquiry and missions to Government departments
 The parliament exercises oversight over the actions of the administration by electing committees established to examine a particular issue. Deputies also organize canvassing visits to various public services.
  • Oral and written questions of parliamentarians
 Any deputy may address written or oral questions to the Government (Article 61 of the Constitution). One plenary session a month is devoted to oral questions from deputies and replies from the Government. This session gives rise to debate; it may also be devoted to debate between the Chamber of Deputies and the Government on sectorial policies. A plenary assembly session, too, may be devoted to responses to oral questions on current issues. The Government is required to reply to questions within a month of the date of notification.
  • Role of Parliament in the appointment of senior Government officials
 Not applicable
  • Activity reports of the Government administration and of public services or establishments
 Enterprises and public organizations are required to submit their annual reports to the Chamber of Deputies.
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman Yes
  • Method for appointing the executive
 It is an administrative Ombudsman who is appointed by presidential decree.
  • Relationship to Parliament
The Ombudsman is responsible for examining the requests of physical or moral persons on administrative questions concerning and relevant to public services. The services budget of the administrative Ombudsman is controlled by the Chamber of Deputies insofar as the general state budget comes within its competence.
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No The budget is prepared exclusively by the Government.
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 Finance bills are submitted to the Chamber of Deputies and to the Chamber of Counsellors (Article 28 of the Constitution). The two chambers debate the finance bills and adopt them in accordance with the basic budget law.
  • Reports on the budget / finance act by Committees
 The finance bill is examined preliminarily by the seven permanent and special committees, which may invite the ministers concerned to hearings.
Fields overseen
  • Defence budget
 The parliament exercises oversight over all public funds.
  • Budget of special departments
 The parliament exercises oversight over all public funds.
  • Role of Parliament in national development plans
 The development plan and the five-year plan are examined and approved by law. The chamber oversees their implementation by means of an annual report on development presented by the Government.
Parliament's deadline for the examination and adoption of the budget / finance act The budget proposal must be submitted to the chamber by 15 November at the latest.
Consequences of failure by Parliament to adopt the budget / finance act The budget must be adopted by 31 December at the latest. If that time is up and the parliament has not decided, the provisions of the finance bill may be implemented by decree, by renewable quarterly tranches. If the Chamber of Counsellors has not adopted the finance bills by 31 December, whereas the Chamber of Deputies has adopted them, they are submitted to the President for promulgation.
Budgetary autonomy of Parliament Yes The chamber office prepares the budget, which is discussed and voted in plenary session.
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes The parliament adopts the accounts bill presented by the Government in accordance with budget law. The accounts bill consists in comparing the final sum of the collections of receipts and the payment mandates of the expenditures carried out during the course of a given financial year.
Parliamentary oversight of public companies No Public enterprises of an industrial and commercial character that do enjoy moral authority and financial autonomy are funded by budgets annexed to the general budget.
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 This is the Court of Auditors, which comprises with the administrative tribunal the Council of State. Its members are professional magistrates.
  • Reports of the public auditor's office
 The Court of Auditors presents an annual report to the President the Chamber. This report is available at the chamber library.
  • Specialised committee
 Not applicable
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over foreign policy through the Political Affairs and Foreign Relations Committee.
  • Powers of the Committee
 Not available
  • Composition of the Committee
 The composition of the Committee reflects the numerical strength of each party in the Parliament.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 Not applicable
  • Plenary debates on foreign policy issues
 Deputies may address questions about foreign relations with the Minister for Foreign Affairs during the monthly dialogue meeting with the Government
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 The parliament may take the initiative of sending a delegation to inter-parliamentary meetings.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 The President concludes and ratifies treaties (Article 32 of the Constitution). Treaties on state borders, commercial treaties, treaties or agreements relating to international organizations, those funded by the State, those containing legislative clauses or relating to the status of persons, may not be ratified until they have been approved by the Chamber of Deputies. Treaties do not enter into force until after their ratification and on the condition that they are applied by the other party. Treaties ratified by the President and approved by the Chamber of deputies have an authority superior to laws.
  • Other mechanisms for participation in foreign policy by Parliament
Besides the abovementioned there are no other means of control available to the chamber.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight of national defence policy through the Committee for Political Affairs and Foreign Relations.
  • Powers of the Committee
 Not available
  • Composition of the Committee
 The composition of the Committee reflects the numerical strength of each party in the parliament.
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
 The President declares war and concludes peace with the approval of the Chamber of Deputies (Article 48 of the Constitution).
  • Role of Parliament in sending troops abroad
 Not applicable
  • Other mechanisms for participation in national defence policy by Parliament
 Beside the aforementioned there are no other means of control available to the chamber.
STATE OF EMERGENCY
Circumstances In case of imminent peril menacing the institutions of the Republic, the security and independence of the country and obstructing the regular functioning of the public powers, the President of the Republic may take the exceptional measures necessitated by the circumstances after consultation with the Prime Minister and the President of the two chambers (Article 46 of the Constitution). He/she addresses a message to the people on this subject. During this period, the President of the Republic may not dissolve the Chamber of Deputies and no motion of censure against may be brought in against the Government. These measures cease to have effect as soon as the circumstances that produced them come to an end. The president addresses a message to the Chamber of Deputies and to the Chamber of Counsellors on this subject.
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament Deputies continue to function normally during a state of emergency. In case of impossibility of proceeding with the elections during the designated time, because of war or imminent peril, the current mandates of the Chamber of Deputies or the Chamber of Counsellors are extended by a law adopted by the Chamber of Deputies, until it is possible to proceed with the elections. (Article 23 of the Constitution). The extension applies, in this case, to the remainder of the members of the Chamber of Counsellors.
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
State Court The Constitutional Council is composed of nine members with confirmed competence, of whom four, including the President, are appointed by the President of the Republic, and two by the President of the Chamber of Deputies, and for a period of three years twice renewable, and three members are appointed as first President of the Court of Cassation, of the administrative tribunal and of the governmental or parliamentary office. They may no longer assume functions of a political or union-based order or exercise activities liable to harm their neutrality or their independence.
  • Means and procedures
 The Constitutional Council examines bills that are submitted to it by the President as to their conformity with the Constitution (Article 72 of the Constitution). Basic parliamentary bills and bills provided for by the Constitution must be brought before the Council. Also, the President may submit to the Constitutional Council treaties or other issues related to the organization and functioning of the institutions. The recommendation of the Constitutional Council must be justifiable and it applies to all public powers. The President transmits bills to the Chamber of Deputies and to the Chamber of Counsellors, examined by the Constitutional Court and accompanied by a copy of its recommendation. The decisions of the Constitutional Council in electoral issues are definitive and are not susceptible to any recourse.
Evaluation of laws No Not applicable
Measures

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