34 MPs applied in Tunisian Parliament With a draft law aimed at stripping the Administrative Court of its authority to adjudicate electoral disputes, just weeks before the presidential elections, which has raised concerns and criticism from human rights organizations.
The Tunisian opposition considered the draft law the latest step to completely discredit the presidential elections.
The MPs' aim behind the draft law, which they called for urgent consideration, is for the regular appeal courts to consider electoral disputes when challenging the decisions of the Independent Election Commission, instead of the administrative court.
The presidential elections are scheduled to be held on the sixth of next month, amid current tension between the electoral commission and the administrative court.
The Election Commission insisted on excluding three candidates from the presidential race, namely Mondher Zenaidi, Abdel Latif Mekki, and Imad Al-Daimi, despite the issuance of a decision by the Administrative Court confirming their candidacies and the validity of their nominations.
The committee only kept the current president. Qais Saeed And Al-Ayashi Zamal and Zuhair Al-Maghzawi.
Opposition concerns
A court on Wednesday sentenced presidential candidate Zemal to 20 months in prison, reinforcing opposition fears of a rigged election aimed at keeping Saied in power.
The administrative court is widely seen as the last independent judicial body, after President Kais Saied changed the composition of the Supreme Judicial Council and dismissed dozens of judges in 2022.
The Tunisian Network for Rights and Freedoms, which includes a coalition of human rights organizations, said, “The authorities are now seeking to abolish the role of the administrative court, which poses a direct threat to the role of the judiciary in preserving the integrity of the electoral process.”
She pointed out that “the Tunisian people will not stand idly by in the face of attempts to neutralize and weaken the institutions that guarantee the protection of their rights and freedoms.” The network declared a state of “popular emergency” and said that it would determine its steps and movements to confront this project.
According to Reuters, the draft law gives ordinary courts in the judiciary exclusive jurisdiction over electoral disputes, unlike what happened in previous elections in Tunisia where the administrative court was the arbiter. The draft law indicates that the change will be effective starting with the current presidential elections.
Opponents and activists said the parliamentary initiative was the latest move aimed at stifling any institution that issues rulings that Saied does not like.
The current parliament was elected in 2022, months after President Kais Saied ousted the previous parliament elected in 2019 on the pretext of fighting corruption and chaos.
Saied was democratically elected in 2019, but he tightened his grip on power and began ruling by decree in 2021, later issuing a new constitution that included broad powers for the presidency, in a move the opposition described as a coup.
Critics have accused Saied of using the electoral body and the judiciary to secure victory by stifling competition and intimidating other candidates.