لجنة البدقية تدعو لإلغاء مرسوم تعديل هيئة الإنتخابات وإجراء انتخابات تشريعية في أسرع وقت

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Today, Friday, May 27, 2022, the Venice Commission published its report on the constitutional and legislative framework for the referendum on the constitution and the legislative elections announced by the President of the Republic, Kais Saied, and on Decree 22 relating to the revision of the law of the Independent High Authority for Elections. 2021 with international standards and with the Tunisian constitution (in the absence of a constitutional court).

The Venice Commission came to the conclusion that this Decree No. 30 issued on May 22, 2022, related to dialogue and committees, is neither in line with the Constitution nor with Presidential Decree 117-2021. Therefore, it considers that this decree (22-2022) should be repealed.

The committee recognized that it is not realistic to plan to organize a credible constitutional referendum in the absence – two months before the scheduled date for consultation – of clear rules that were established early on, regarding the modalities and consequences of holding this referendum, especially in the absence of the text of the new constitution that will be presented to the referendum.

The Committee also considers that before any constitutional referendum is held, legislative elections should be organized as soon as possible, in order to restore the parliamentary power that has disappeared since the suspension and then dissolution of the Assembly of People’s Representatives.

She stressed that if the electoral law is to be amended before the legislative elections, broad consultations must be held by the political forces and civil society in order to reach a consensus on the new electoral rules. 22.

The commission reported that the new Council of People’s Representatives would, of course, be able to amend and improve the rules applicable to the ISIE, as well as to the 2014 constitution.

The Venice Commission considers that the repeal of Decree No. 2022-22 is essential to the legitimacy and credibility of any electoral process or referendum. If the President of the Republic does not agree to postpone the constitutional reform process, the Venice Commission considers that it will be necessary at least to extend (as much as possible) the deadlines for preparing the constitutional amendments and to postpone the date of the referendum accordingly. What will be presented to the referendum is to determine whether the referendum is a deciding or advisory process, and what the consequences will be.

The committee also considers it necessary to expressly stipulate that in the event of the new draft constitution being rejected, the 2014 constitution will remain in force until its possible amendment by the next parliament.

The committee stressed the need to establish a minimum participation threshold to approve the results of the referendum and to assign the electoral commission in its previous composition to the authority to issue Decree No. 2022-22 to organize the referendum, implement the conditions for conducting the referendum campaign, allow the free formation of the will of the voters, and allow international monitoring of the referendum.

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