118-397: [REDACTED] Member State of the African Union The politics of Tunisia takes place within the framework of a unitary semi-presidential representative democratic republic , with a president serving as head of state , prime minister as head of government , a unicameral legislature and a court system influenced by French civil law. Between 1956 and 2011, Tunisia operated as
236-449: A de facto one-party state , with politics dominated by the secular Constitutional Democratic Rally (RCD) under former presidents Habib Bourguiba and then Zine el Abidine Ben Ali . However, in 2011 a national uprising led to the ousting of Ben Ali and the dismantling of the RCD, paving the way for a multi-party democracy. October 2014 saw the first democratic parliamentary elections since
354-462: A dual jurisdictional system comprising private law ( droit privé ), also known as judicial law, and public law ( droit public ). Judicial law includes, in particular: Public law includes, in particular: Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by
472-514: A military coup . On 9 October of the same year, the Peace and Security Council of the African Union lifted the suspension imposed on Mali, citing progress made to return to democracy. The country was again suspended on 1 June 2021, following its second military coup within nine months. Guinea's membership was also suspended by the African Union on 10 September 2021, after a military coup deposed
590-411: A military coup in late July that deposed democratically elected president Mohamed Bazoum ; this has since also led to the 2023 Nigerien crisis . Gabon's membership was suspended by the African Union on 31 August 2023 following a military coup that deposed president Ali Bongo Ondimba . The African Union has a number of official bodies: These institutions have not yet been established; however,
708-701: A heated debate in Accra, the Assembly of Heads of State and Government agreed in the form of a declaration to review the state of affairs of the AU with a view to determining its readiness towards a Union Government. In particular, the Assembly agreed to: The declaration lastly noted the "importance of involving the African peoples, including Africans in the Diaspora , in the processes leading to
826-434: A hierarchy of norms ( hiérarchie des normes ). Constitutional laws are superior to all other sources, then treaties, then parliamentary statutes ( loi ), then government regulations. Legislation enacted by orders ( ordonnances ) and regulations issued by the executive under Art. 38 of the constitution ( Règlements autonomes ) have the same status as parliamentary statutes. European Union treaties and EU law enacted under
944-455: A lack of political freedoms like freedom of speech and poor living conditions , were sparked by the self-immolation of Mohamed Bouazizi on 17 December 2010. A Constituent Assembly was elected on 23 October 2011, and a new constitution was adopted on 26 January 2014. It was passed on 10 February 2014. Under the Ben Ali regime, freedom of the press was officially guaranteed, but the press
1062-530: A lack of democracy and leaders who refuse to step down, discrimination against minorities (including LGBT people, religious groups and ethnicities) and corruption. He suggested an intensified democratization and free trade to significantly increase living quality for Africans. Member states of the African Union cover almost the entirety of continental Africa, except for several territories held by Spain ( Ceuta , Melilla , and Peñón de Vélez de la Gomera ). In addition, European countries have dependencies among
1180-695: A lesser extent Portuguese and Arabic are used. The Constitutive Act , for example, is written in English, French and Arabic, while the protocol amending the Constitutive Act is written in English, French and Portuguese. As of 2020, the AU website is available in its entirety in English, partially in French and minimally in Arabic. Portuguese and Swahili versions were added as "coming soon" ( em breve ) in April 2019. According to
1298-800: A member state was the May 2003 deployment of a peacekeeping force of soldiers from South Africa, Ethiopia , and Mozambique to oversee the implementation of the various agreements in Burundi . AU troops were also deployed in the Sudan for peacekeeping during the Darfur Conflict , before the mission was handed over to the United Nations on 1 January 2008 via UNAMID . The AU has a peacekeeping mission in Somalia , consisting of troops from Uganda and Burundi. The AU has adopted
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#17328871660631416-653: A number of important new documents establishing norms at continental level, to supplement those already in force when it was created. These include the African Union Convention on Preventing and Combating Corruption (2003), the African Charter on Democracy, Elections and Governance (2007), the New Partnership for Africa's Development (NEPAD) and its associated Declaration on Democracy, Political, Economic and Corporate Governance. The historical foundations of
1534-403: A parliamentary statute. Case law ( la jurisprudence ) is not binding and is not an official source of law, although it has been de facto highly influential. French courts have recognized their role in gradually shaping the law through judicial decisions, and the fact that they develop judicial doctrine, especially through jurisprudence constante (a consistent set of case law). There
1652-434: A part of Asia), accounting for slightly less than 2% of the total area. The total population of the African Union, as of 2017 , is estimated at more than 1.25 billion, with a growth rate of more than 2.5% p.a. The official languages of the African Union are Arabic, English, French, Portuguese, Spanish, Swahili , and "any other African language". The primary working languages of the African Union are English and French. To
1770-546: A plurality with 38% of the vote. In the parliamentary election , the Ennahda became the biggest party with 52 seats, while the Heart of Tunisia became the second with 38 seats. In the presidential election , independent candidate Kais Saied got a landslide victory with 72.5% of the vote in the second round. In July 2022, Tunisians approved a new constitution in a referendum. The reform gave more powers to Tunisia's president, meaning
1888-407: A purpose to further public interest. The court also reviews facts (including subjective judgments based on facts, like the architectural value of a building), and interpret the law. There are also three levels of scrutiny, namely: Recourses provided by the court include damages, setting aside contracts, amending contracts, quashing an administrative decision, or interpret the law (only available to
2006-715: A single term of nine years. Two thirds are specialized in law. The president of the republic, the president of the Assembly of the Representatives of the People and the Supreme Judicial Council each propose four candidates; the Assembly of the Representatives of the People approves nominations with a three-fifths majority. The Constitutional Court appoints its own president and vice president, both specialized in law. Since 1987 Tunisia has reformed its political system several times, abolishing life-term presidencies and opening up
2124-557: A taxpayer is insufficient, those affected in a "special, certain and direct" manner (including moral interests) will have standing. In addition, users of public service can generally challenge decisions on those services. Associations can also have standing in some circumstances. The French Constitution specifically authorizes France's participation in the European Union (EU), an economic and political union with many legal powers. The Constitution has also been amended, as required by
2242-568: A unified code of private law would not be passed until 1804, under Napoleon and after the French Revolution . Under King Louis XV , there would be a constant struggle between royal legislation, traditional conceptions of the law of the Realm (customs and Roman law), and parliamentary arrêts de règlements (regulatory decisions). Judges sided with the local parliaments (judicial bodies in France) and
2360-623: A unit in itself or to integration of the sub-regions. The 1980 Lagos Plan of Action for the Development of Africa and the 1991 treaty to establish the African Economic Community (also referred to as the Abuja Treaty), proposed the creation of Regional Economic Communities (RECs) as the basis for African integration, with a timetable for regional and then continental integration to follow. Currently, there are eight RECs recognised by
2478-591: Is based in Addis Ababa . The largest city in the AU is Lagos, Nigeria while the largest urban agglomeration is Cairo, Egypt . The African Union has more than 1.3 billion people and an area of around 30 million km (12 million sq mi) and includes world landmarks such as the Sahara and the Nile . The primary working languages are Arabic , English , French , Portuguese , Spanish , and Swahili . Within
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#17328871660632596-760: Is called droit administratif . Administrative procedure were originally developed by case law but have been statutorily affirmed in the Code de justice administrative in 2000. French administrative law focuses on proper functioning of government and the public good, rather than constraining the government. French public bodies include governments and public organizations or enterprises, subject to different sets of rules, with both privileges and additional limitations compared to private actors. Public bodies have tremendous powers, including police powers ( pouvoirs de police ) to regulate public health or public order, and to expropriate property . Public bodies must exercise their powers in
2714-620: Is divided into 24 governorates: Tunisia is a participant in the following international organizations: African Union The African Union ( AU ) is a continental union of 55 member states located on the continent of Africa . The AU was announced in the Sirte Declaration in Sirte, Libya , on 9 September 1999, calling for the establishment of the African Union. The bloc was launched on 9 July 2002 in Durban , South Africa . The intention of
2832-467: Is intended to facilitate the harmonisation of policies and ensure compliance with the Abuja Treaty and Lagos Plan of Action time frames. In 2006, the AU decided to create a Committee "to consider the implementation of a rotation system between the regions" in relation to the presidency. Controversy arose at the 2006 summit when Sudan announced its candidacy for the AU's chairmanship, as a representative of
2950-557: Is no law prohibiting the citation of precedents and lower courts often do. Although the highest courts, the Court of Cassation and the Council of State do not cite precedents in their decisions, previous cases are prominent in arguments of the ministère public and the commissaire du gouvernement, in draft opinions, and in internal files. Some areas of French law even primarily consist of case law. For example, tort liability in private law
3068-614: Is no strict standard of proof in civil cases, like the preponderance of the evidence under American law; instead, primacy is given to the judge's intime conviction, based on the principle of "free evaluation of the evidence." The court gathers a dossier of pleadings, statements of fact and evidence from the parties and makes it available to them. Proceedings focus on written evidence and written argument, with brief hearings. Witness testimonies are uncommon. The ministère public , an independent judicial official, sometimes plays an advisory role in civil proceedings. In principle,
3186-531: Is not cited in the highest courts; (2) lower courts are theoretically free to depart from higher courts, although they risk their decisions being overturned; and (3) courts must not solely cite case law as a basis of decision in the absence of a recognized source of law. French judicial decisions, especially in its highest courts, are written in a highly laconic and formalist style, incomprehensible to non-lawyers. While judges do consider practical implications and policy debates, they are not at all reflected in
3304-478: Is now seen much like a judicial one. The President, Prime Minister, the presidents of both houses of Parliament, and a group of 60 members from either of the two houses may refer bills or treaties to the Constitutional Council. In addition, when individuals allege that their constitutional rights are infringed by legislation in a court proceeding, the Court of Cassation or the Council of State may refer
3422-487: Is possible for lapses. To begin a case, an individual only need to write a letter to describe his identity, the grounds of challenging the decision, and the relief sought, and provide a copy of the administrative action; legal arguments are unnecessary in the initial stage. A court rapporteur will gather information (he has the power to request documents from the public body), compile written arguments from both sides, and request expert assessments if necessary. The files and
3540-627: Is primarily elaborated by judges, from only five articles (articles 1382–1386) in the Civil Code . Scholars have suggested that, in these fields of law, French judges are creating law much like common law judges. Case law is also the primary source for principles in French administrative law . Many of the Constitutional Council 's decisions are critical for understanding French constitutional law . The differences between French case law and case law in common law systems appear to be: (1) it
3658-620: Is the Assembly of the African Union , made up of all the heads of state or government of member states of the AU. The Assembly is chaired by Félix Tshisekedi , President of the Democratic Republic of the Congo . The AU also has a representative body, the Pan-African Parliament , which consists of 265 members elected by the national legislatures of the AU member states. Its president is Roger Nkodo Dang . Other political institutions of
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3776-452: The École Nationale de la Magistrature . There are also non-professional judges, typically in less serious civil or administrative cases. In public law cases, a public body, such as the national government, local authorities, public agencies, and public services like universities to railways, are always a party in dispute. Public bodies are subject to different rules on their power, contract, employment and liabilities. Instead of rules in
3894-516: The 2019 Tunisian presidential elections in October 2019. He had a reputation of not being corruptible. However, on 25 July 2021 he suspended Parliament, fired the prime minister and consolidated power in what opponents called a "coup." On 6 October 2024, President Kais Saied won a second term with more than 90% of the vote in Tunisian presidential election . Five political parties had urged people to boycott
4012-510: The Criminal Code and the Code of Criminal Procedure. The Criminal Code, for example, prohibits violent offenses such as homicide, assault and many pecuniary offenses such as theft or money laundering, and provides general sentencing guidelines. However, a number of criminal offenses, e.g., slander and libel, have not been codified but are instead addressed by separate statutes. After a crime occurs,
4130-551: The European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire ", sometimes referred to, less accurately, as " droit européen ") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of
4248-614: The French Revolution beginning in 1789, which swept away the old regime . By 1790, the National Constituent Assembly overhauled the country’s judicial system. A criminal code would be adopted by 1791. The Civil Code (1804), the Code of Civil Procedure (1806), and the Commercial Code (1807) were adopted under Napoleon Bonaparte , reflecting Roman law, pre-revolutionary ordinances and custom, scholarly legal writings, enlightenment ideas, and Napoleon's personal vision of
4366-573: The Germanic conquest . Historians now tend to think that Roman law was more influential on the customs of southern France due to its medieval revival. By the 13th century, there would be explicit recognition of using Roman law in the south of France, justified by the understanding of a longstanding tradition of using Roman law in the custom of southern France. In the North, private and unofficial compilations of local customs in different regions began to emerge in
4484-573: The Justinian Code in southern France and in Paris. Despite this, Roman law was largely academic and disconnected from application, especially in the north. Historians traditionally mark a distinction between Pays de droit écrit in southern France and the Pays de droit coutumier in the north. In the south, it was thought that Roman law had survived, whereas in the north it had been displaced by customs after
4602-464: The New Partnership for Africa's Development (NEPAD) was also established. The African Union was launched in Durban on 9 July 2002 by its first chairperson, former South African head of state Thabo Mbeki , at the first session of the Assembly of the African Union. The second session of the Assembly was held in Maputo in 2003 and the third session in Addis Ababa was held on 6 July 2004. Since 2010,
4720-647: The Sahrawi Arab Democratic Republic (SADR). Morocco , which claims sovereignty over the Western Sahara , withdrew from the Organisation of African Unity in 1984 due to the admission of the SADR as a member. On 30 January 2017, the AU readmitted Morocco as a member state. Somaliland 's 2005 application to join the AU is still pending. Mali was suspended from the African Union on 19 August 2020 following
4838-594: The Supreme Court in joint session. The judiciary is independent, although the Supreme Judicial Council is chaired by the president of the republic. The Tunisian Order of Lawyers is a non-profit bar association . All Tunisian lawyers are members of the Order, which does not have any political affiliations. The Constitution of 2014 provides for a newly constituted Constitutional Court . It consists of 12 members, each of whom must have 20 years' experience in order to serve for
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4956-593: The United Nations -sponsored World Summit on the Information Society in 2005, which endorsed the freedom of the internet as a platform for political participation and human rights protection. By 2010, Tunisia had more than 3.5 million regular internet users and 1.6 million Facebook users and hundreds of internet cafes, known as 'publinet.' Five private radio stations have been established, including Mosaique FM , Express FM , Shems FM and private television stations such as Hannibal TV and Nessma TV . Tunisia
5074-510: The 13th and 14th centuries. These compilations were often drafted by judges who needed to decide cases based on unwritten customs, and the authors often incorporated Roman law, procedures from canon law, royal legislation and parliamentary decisions. In the early modern period , laws in France gradually went through unification, rationalization, and centralization. After the Hundred Years War , French kings began to assert authority over
5192-412: The 1539 Ordinance of Villers-Cotterêts being the oldest still in use in the French legislation. The term civil law in France refers to private law (laws between private citizens, and should be distinguished from the group of legal systems descended from Roman Law known as civil law , as opposed to common law . The major private law codes include: France follows an inquisitorial model , where
5310-569: The 18th AU summit. The complex was built by China State Construction Engineering Corporation as a gift from the Chinese government , and accommodates, among other facilities, a 2,500-seat plenary hall and a 20-story office tower. The tower is 99.9 meters high to signify the date 9 September 1999, when the Organisation of African Unity voted to become the African Union. The building cost US$ 200 million to construct. On 26 January 2018, five years after
5428-484: The 2010–2011 protests and the vacation of the presidency by President Ben Ali, elections for a Constituent Assembly were held on 23 October 2011. Results were announced on 25 October 2011 with the center-right and moderately Islamist Ennahda winning a plurality with 37% of the vote. Parliamentary elections were held in Tunisia on 26 October 2014. Results were announced on 27 October 2014 with secularist Nidaa Tounes winning
5546-685: The 2011 revolution, resulting in a win by the secularist Nidaa Tounes party with 85 seats in the 217-member assembly. Tunisia is a member of the Arab League , the African Union and the Organization of Islamic Cooperation . It maintains close relations with the United States , France and the European Union, with which it entered an Association Agreement in 1995. Tunisia's favorable relations with
5664-467: The AU include: The AU Commission , the secretariat to the political structures, is chaired by Nkosazana Dlamini-Zuma of South Africa. On 15 July 2012, Dlamini-Zuma won a tightly contested vote to become the first female head of the African Union Commission, replacing Jean Ping of Gabon . Other AU structures are hosted by different member states: The AU's first military intervention in
5782-514: The AU was to replace the Organisation of African Unity (OAU), established on 25 May 1963 in Addis Ababa by 32 signatory governments; the OAU was disbanded on 9 July 2002. The most important decisions of the AU are made by the Assembly of the African Union , a semi-annual meeting of the heads of state and government of its member states. The AU's secretariat, the African Union Commission ,
5900-531: The AU, each established under a separate regional treaty. They are: The membership of many of the communities overlaps, and their rationalisation has been under discussion for several years—and formed the theme of the 2006 Banjul summit. At the July 2007 Accra summit the Assembly finally decided to adopt a Protocol on Relations between the African Union and the Regional Economic Communities. This protocol
6018-542: The AU—over thirty states have ratified the Kampala Convention , the only continental treaty focusing on internally displaced persons in the world. Beginning in 2016, the African Union introduced continent-wide passports. The individual member states of the African Union coordinate foreign policy through this agency, in addition to conducting their own international relations on a state-by-state basis. The AU represents
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#17328871660636136-500: The African Union eyes the establishment of a joint African space agency . Barack Obama was the first-ever sitting United States president to speak in front of the African Union in Addis Ababa on 29 July 2015. During his speech, he encouraged the world to increase economic ties via investments and trade with the continent and lauded the signs of progress made in education , infrastructure and economy . However, he also criticized
6254-527: The African Union originated in the First Congress of Independent African States , held in Accra , Ghana from 15 to 22 April 1958. The conference was aimed at establishing Africa Day to annually mark the liberation movement concerning the willingness of the African people to free themselves from colonial rule, as well as subsequent attempts to unite Africa, including the Organisation of African Unity (OAU), which
6372-505: The African Union project. There are divisions among African states on the proposals, with some (notably Libya ) following a maximalist view leading to a common government with an AU army; and others (especially the southern African states) supporting rather a strengthening of the existing structures, with some reforms to deal with administrative and political challenges in making the AU Commission and other bodies truly effective. Following
6490-518: The African Union, there are official bodies, such as the Peace and Security Council and the Pan-African Parliament . At a G20 (Group of 20) meeting held in Delhi , India in 2023, the African Union was admitted as a member to the G20 like the European Union . The objectives of the African Union are: The African Union is made up of both political and administrative bodies. The highest decision-making organ
6608-641: The Arab world where polygamy is forbidden by law . This is part of a provision in the country's Code of Personal Status which was introduced by President Bourguiba in 1956. President Zine El Abidine Ben Ali was criticized for the low levels of democracy and freedom of expression in the country by Amnesty International and various other organizations. which documented restrictions of basic human rights and obstruction of human rights organizations. The Economist ' s 2008 Democracy Index ranked Tunisia 141 out of 167 countries studied and 143 out of 173 regarding freedom of
6726-471: The Circulaire of 14 May 1993 contains detailed instructions for prosecutors and judges on how to apply new rules in the 1992 revised criminal code. Circularies are not considered sources of law in private courts, but are sometimes considered binding in administrative courts. As such, the binding circulaires règlementaires are reviewed like other administrative acts, and can be found illegal if they contravene
6844-526: The Constitution itself, but also its preamble which incorporates a list of norms known as bloc de constitutionnalité , including the " Freedom of Association " provision of the Conseil Constitutionnel. The Constitutional Council ( Conseil Constitutionnel ) has the exclusive authority to judge the constitutionality of parliamentary statutes. Although originally conceived as a political body, it
6962-440: The Constitutional Council, to allow EU citizens to participate in municipal elections and the monetary union. EU treaties and EU law enacted under the treaties are considered international treaties, and the Constitution gives them superior status compared to domestic legislation. Ordinary civil and administrative courts, not the Constitutional Council, determine the compatibility of French law with EU law. French courts consider
7080-423: The Constitutive Act of the African Union, The working languages of the Union and all its institutions shall be, if possible, African languages, Arabic, English, French and Portuguese. A protocol amending the Constitutive Act was adopted in 2003 and as of April 2020 has been ratified by 30 of the 37 member states needed for a two-thirds majority. It would change the above wording to, 1. The official languages of
7198-637: The Council of State, although lower courts may refer questions to it). Different procedures exist depending on the recourse sought. Injunctions are rare but can be issued in certain procedures ( référés ). Certain acts by the French government, called acte de gouvernement , avoids judicial review as they are too politically sensitive and beyond judicial expertise. Such acts include the President to launch nuclear tests, sever financial aid to Iraq, dissolve Parliament, award honors, or to grant amnesty. Other nonjusticiable acts include certain internal affairs of government ministries ( Mesures d’ordre interne ), e.g.
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#17328871660637316-405: The East African region. Several member states refused to support Sudan because of tensions over Darfur (see also below). Sudan ultimately withdrew its candidacy and President Denis Sassou-Nguesso of the Republic of the Congo was elected to a one-year term. At the January 2007 summit, Sassou-Nguesso was replaced by President John Agyekum Kufuor of Ghana, despite another attempt by Sudan to gain
7434-727: The European Union ( CJEU ) is the main judicial body of EU laws. The EU's view is that if EU law conflicts with a provision of national law, then EU law has primacy ; the view has been gradually accepted by French courts. French courts go by a number of names, including juridiction, tribunal , and cour . The Constitutional Council and Council of State are nominally councils but de facto courts. French courts are often specialized, with separate public law and private law courts, and subject matter specific courts like general civil and criminal courts, employment, commercial and agricultural lease courts. Judges are typically professional civil servants, mostly recruited through exams and trained at
7552-509: The Free Movement Protocol. This protocol allows for free movement of people between countries that are part of the African Union. Article 14 of the Protocol to the treaty establishing the African economic community relating to the free movement of persons, right of residence, and the right of establishment discusses the free movement of workers. The African Union also has a Migration Policy Framework for Africa (MPFA). Forced displacement of people and groups has also been an area of focus for
7670-408: The French Constitution itself to be superior to international treaties, including EU treaties and EU law. This is in contrast to EU institutions, which sees EU law as superior to the laws of member states . However, the Constitutional Council would only examine statutes implementing EU directives where it was manifestly contrary to French constitutional principles. The European Union adopts laws on
7788-511: The French government set up the Commission Supérieure de Codification , tasked with codifying laws. The Commission has worked with ministries to introduce new codes and codify existing legislation. Unlike the transformative Civil Code under Napoleon, the goal of the modern codification project is to clarify and make more accessible statutes in by compiling one code in a particular area of law and remove contradictions. Despite this, areas very often overlap and codes necessarily cannot contain all of
7906-405: The French media report. Moussa Faki Mahamat , head of the African Union Commission, said the allegations in the Le Monde ' s report were false. "These are totally false allegations and I believe that we are completely disregarding them." The African Union replaced its Chinese-supplied servers and started encrypting its communications following the event. In 2018, the African Union adopted
8024-419: The OAU issued the Sirte Declaration (named after Sirte, Libya) on 9 September 1999, calling for the establishment of an African Union. The Declaration was followed by summits at Lomé in 2000, when the Constitutive Act of the African Union was adopted, and at Lusaka in 2001, when the plan for the implementation of the African Union was adopted. During the same period, the initiative for the establishment of
8142-428: The Steering Committees working on their founding have been constituted. Eventually, the AU aims to have a single currency (the Afro ). The principal topic for debate at the July 2007 AU summit held in Accra , Ghana, was the creation of a Union Government, with the aim of moving towards a United States of Africa . A study on the Union Government was adopted in late 2006, and proposes various options for "completing"
8260-420: The US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, criminal, administrative and constitutional law. Legislation is seen as the primary source of French law. Unlike in common law jurisdictions, where a collection of cases and practices (known as the "common law") historically form the basis of law, the French legal system emphasizes statutes as
8378-481: The Union and all its institutions shall be Arabic, English, French, Portuguese, Spanish, Kiswahili and any other African language. 2. The Executive Council shall determine the process and practical modalities for the use of official languages as working languages. Founded in 2001 under the auspices of the AU, the African Academy of Languages promotes the usage and perpetuation of African languages among African people. In 2004 Joaquim Chissano of Mozambique addressed
8496-410: The United States and the European Union were earned following years of successful economic cooperation in the private sector and infrastructure modernization. The Economist Intelligence Unit rated Tunisia a " hybrid regime " in 2022. Tunisia's first democratically elected president, Beji Caid Essebsi , died in July 2019. After him, Kais Saied became Tunisia's president after a landslide victory in
8614-596: The assembly in Swahili, but had to translate his words himself. The AU declared 2006 the Year of African Languages. 2006 also marked Ghana's 55th anniversary since it founded the Bureau of Ghana Languages originally known as Gold Coast Vernacular Literature Bureau . All UN member states based in Africa and on African islands are members of the AU, as is the partially recognized state of
8732-594: The authority of EU treaties are superior to domestic law. French courts consider the French Constitution to be superior to international treaties, including EU treaties and EU law. This is in contrast to EU institutions, which sees EU law as superior to the laws of member states . There are several categories of legislation: By contrast, administrative circulaires are not law, merely instructions by government ministries. Circulaires are nonetheless important in guiding public officials and judges. For example,
8850-531: The basis of EU treaties . The Treaties establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with Directives or Regulations . European Union laws are a body of rules which are transposed either automatically (in the case of a regulation) or by national legislation (in the case of a directive) into French domestic law, whether in civil, criminal, administrative or constitutional law. The Court of Justice of
8968-415: The campaign, speeches by candidates were aired on Tunisian radio and television stations. Participation was 89% of resident citizens and 90% of citizens living abroad. In the presidential vote, Ben Ali soundly defeated his challengers, Mohamed Bouchiha (PUP), Ahmed Inoubli (UDU) and Ahmed Ibrahim (Ettajdid Movement) for a fifth term in office. His 89% of the vote was slightly lower than in the 2004 election. In
9086-637: The central government. Mayors and municipal councils are directly elected. Tunisia's legislative branch consists of the Assembly of the Representatives of the People , with 217 seats. The first elections for the Assembly of the Representative of the People occurred on 26 October 2014. Before the 2011 revolution the parliament was bicameral . The lower house was the Chamber of Deputies of Tunisia ( Majlis al-Nuwaab ), which had 214 seats. Members were elected by popular vote to serve five-year terms. At least 25% of
9204-517: The chair. The year 2007 was the 50th anniversary of Ghana's independence, a symbolic moment for the country to hold the chair of the AU—and to host the mid-year summit at which the proposed Union Government was also discussed. In January 2008, President Jakaya Kikwete of Tanzania took over as chair, representing the East African region and thus apparently ending Sudan's attempt to become chair—at least till
9322-464: The colonies . The 1667 Ordinance is the main inspiration of the Code de procedure civile passed in 1806 under Napoleon . Other codes include the 1670 Criminal Ordinance, the 1673 Ordinance for Overland Trade ( Code Marchand ), and the 1681 Ordinance for Maritime Trade ( Code de la Marine ). Ordinances would later be drawn up on Donations (1731), Wills (1735), Falsifications (1737), and Trustees (1747), but
9440-412: The compilation of discrete statues, and instead state the law in a coherent and comprehensive piece of legislation, sometimes introducing major reforms or starting anew. There are about 78 legal codes in France currently in force, which deal with both the French public and private law categorically. These codes are published for free by the French government on a website called Légifrance . In 1989,
9558-663: The completion of the building of the AU Headquarters, the French newspaper Le Monde published an article stating that the Chinese government had heavily bugged the building, installing listening devices in the walls and furniture and setting up the computer system to copy data to servers in Shanghai daily. The Chinese government denied that they bugged the building, stating that the accusations were "utterly groundless and ridiculous." Ethiopian Prime Minister Hailemariam Desalegn rejected
9676-418: The country's President Alpha Condé . Sudan's membership was suspended by the African Union on 27 October 2021, after a military coup deposed the civilian government led by Prime Minister Abdalla Hamdok . Burkina Faso's membership was suspended by the African Union in the aftermath of a military coup on 31 January 2022. Niger's membership was suspended by the African Union on 22 August 2023 following
9794-566: The decision to alter the frequency of services, unless doing so is against the law. Before judicial recourse, one may request administrative appeals ( recours préalable ) by the official or his superior, although they are of limited use. Legal aid is available like in civil and criminal cases, although lawyers are unnecessary in many cases because under the French inquisitorial legal system, judges have primary control of cases after their introduction. All administrative decisions must be challenged within two months of their being taken and no waiver
9912-404: The elections. Tunisia was a representative democracy with an executive president, a legislature and judiciary, starting with elections in 2014 until the president suspended parliament and began ruling by decree on 25 July 2021. Since then, all the trappings of an authoritarian state have returned. The military is neutral and does not play any role in national politics. In Tunisia, the president
10030-403: The first level of appellate court reviews questions of both fact and law, and it is able to do so because of the dossier . It can also order additional investigations and production of evidence. The Court of Cassation (highest civil appellate court) generally only decides questions of law and remands the case for further proceedings. French criminal law is governed first and foremost by
10148-512: The formation of the Union Government." Following this decision, a panel of eminent persons was set up to conduct the "audit review". The review team began its work on 1 September 2007. The review was presented to the Assembly of Heads of State and Government at the January 2008 summit in Addis Ababa. No final decision was taken on the recommendations, however, and a committee of ten heads of state
10266-570: The interests of African peoples at large in intergovernmental organisations (IGOs); for instance, it is a permanent observer at the United Nations General Assembly . Both the African Union and the United Nations work in tandem to address issues of common concerns in various areas. The African Union Mission to the United Nations aspires to serve as a bridge between the two organisations. French civil law French law has
10384-433: The judge leads the proceedings and the gathering of evidence, acting in the public interest to bring out the truth of a case. This is contrasted with the adversarial model often seen in common law countries, where parties in the case play a primary role in the judicial process. In French civil cases, one party has the burden of proof, according to law, but both sides and the judge together gather and provide evidence. There
10502-422: The kingdom in a quest of institutional centralization. Through the creation of a centralized absolute monarchy, an administrative and judicial system under the king also emerged by the second half of the fifteenth century. Royal legislation also greatly increased beginning in the 15th century. The Ordinance of Montils-les-Tours (1454) [ fr ] was an important juncture in this period, as it ordered
10620-464: The landed aristocracy, undermining royal authority and legislation. Even before the French Revolution, French enlightenment thinkers like Jean-Jacques Rousseau , with a theory of natural rights, and especially Montesquieu , who advocated for a separation of powers, were major influences on the law throughout Europe and the United States. The French legal system underwent great changes after
10738-480: The law in a given field. In the High Middle Ages , most legal situations in France were highly local, regulated by customs and practices in local communities. Historians tend to be attracted by the large regional or urban customs, rather than local judicial norms and practices. Beginning in the 12th century, Roman law emerged as a scholarly discipline, initially with professors from Bologna starting to teach
10856-422: The law. These codes consisted of numbered articles, were written in elegant French, and were meant to be understood by the layman. In addition, they introduced many classically liberal reforms, such as abolishing remaining feudal institutions and establishing rights of personality, property and contract for all male French citizens. However, not all the old regime's law were repleted, the articles 110 and 111 of
10974-486: The matter to the Constitutional Council for a ruling on its constitutionality. In France, most claims against local or national governments are handled by the administrative courts, for which the Conseil d'État (Council of State) is a court of last resort. The main administrative courts are the tribunaux administratifs [ fr ] and their appeal courts [ fr ] . The French body of administrative law
11092-589: The mid 17th century. Jean-Baptiste Colbert , the Minister of Finance and later also Secretary of the Navy in charge of the colonial empire and trade, was main architect of the codes. The first of such codes is the 1667 Ordinance of Civil Procedure (officially known as the Ordonnance pour la reformation de la justice ), which established clear and uniform procedural rules, replacing previous rules in all royal jurisdictions and in
11210-415: The official recording and homologation of customary law. Customs would be compiled by local practitioners and approved by local assemblies of the three estates , with disagreements resolved by the central court. At the time, the wholesale adoption of Roman law and the ius commune would be unrealistic, as the king’s authority was insufficient to impose a unified legal system in all French provinces. In
11328-796: The offshore islands of Africa: Spain (the Canary Islands and the islands of the plazas de soberanía ); France ( Mayotte , Réunion , and the Scattered Islands in the Indian Ocean ); Portugal (the Azores , Madeira , and the Savage Islands ); and the United Kingdom ( Saint Helena, Ascension and Tristan da Cunha ). The geography of the African Union is wildly diverse, including the world's largest hot desert (the Sahara ), huge jungles and savannas , and
11446-514: The parliament to opposition parties. The number of new political parties and associations has increased since the beginning of Ben Ali's presidency in 1987. Shortly before the revolution of 2011 there were eight recognized national parties, six of which held national legislative seats. President Ben Ali's party, known as the Constitutional Democratic Rally (RCD), commanded majorities in local, regional, and national elections. Although
11564-545: The parliamentary elections, the RCD received 84% of the vote for 161 constituency seats. The MDS won 16 seats under the proportional representation system, followed by the PUP with 12 seats. Fifty-nine women were elected to legislative seats. The election was criticized by opposition parties and some international observers for limitations placed on non-incumbents. In one instance, the Ettajdid party's weekly publication, Ettarik al-Jadid ,
11682-662: The party was renamed (in President Bourguiba's days it was the Socialist Destourian Party), its policies were still considered to be largely secular and conservative. However, the Tunisian Revolution in 2011 saw its removal from power. The Tunisian national elections of 2009, overseen by the Interior Ministry and held on October 25, 2009, elected candidates for president and legislative offices. During
11800-671: The police because of limited judicial resources. There are also simplified procedures for crimes in flagrante delicto and crimes relating to terrorism and drugs. Other judges then preside at the criminal trial, typically without a jury. However, the most serious cases tried by the cour d’assises (a branch of the Court of Appeal) involve three judges and nine jurors who jointly determine the verdict and sentencing. Like civil proceedings, criminal proceedings focus on written evidence and written argument, although witnesses are usually also heard orally. Judges or prosecutors order independent experts for
11918-493: The police make initial investigations. The prosecutor ( procureur ) or, in some serious cases, the juge d’instruction then control or supervise the police investigation and decide whether to prosecute. Unlike common law countries and many civil law countries, French prosecutors are members of the judicial branch. Issuing arrest warrants or formally questioning the accused or witnesses must receive judicial approval, but decisions on searches and phone-tapping are often delegated to
12036-603: The press. Later in his rule repression became more brutal, corruption more visible and the economy more stagnant. The Tunisian Revolution overthrew President Ben Ali in 2011—marking the beginning of the Arab Spring . On 14 January 2011, president Zine El Abidine Ben Ali officially resigned after fleeing to Saudi Arabia , ending 23 years in power, following the most dramatic wave of social and political unrest in Tunisia in three decades. Street protests and civil disobedience against high unemployment , food inflation , corruption ,
12154-511: The primary source of law. Despite this emphasis, some bodies of law, like French administrative law, were primarily created by the courts (the highest administrative court, the Conseil d'État ). Lawyers often look to case law ( la jurisprudence ) and legal scholarship ( la doctrine ) for reliable, but non-binding, interpretation and statements of the law. French legislative sources can be classified into four categories: French legislation follows
12272-445: The proceeding, if necessary. One appeal can be made on questions of fact and law, save for decisions of the cour d’assises . Appeals may also be made to the Court of Cassation on questions of law. Other judges (the juge de l’application des peines ) supervise the sentence and deal with parole. Public law is concerned with the powers and organization of the state and governmental bodies. French constitutional law includes not only
12390-480: The process of recording, local customs were sometimes simplified or reformed. By the 16th century, around sixty general customs were recorded and given official status, disqualifying any unrecorded customs from having official status. Roman law remained as a reserve, to be used for argumentation and to supplement customary law. Accompanying the process of centralization and mercantilism, the king effectively initiated processes of codification [ fr ] in
12508-415: The public interest, according to principles such as continuity of services (which has been used to limit the power to strike), adaptability (changing in accordance with external circumstances), equality and neutrality (in relation to, e.g. one's religion or political beliefs). All acts must have a legal basis (base légale ), follow the right procedure (sometimes including right to a hearing), and done with
12626-430: The rapporteur's recommendations are transferred to a Commissaire du gouvernement , who also makes his own recommendations to the judges. Written evidence is relied upon and oral hearings are extremely short. After the hearing, judges deliberate and issue their judgement, in which they will briefly respond to parties' arguments. Standing requirements in French administrative law are relatively lax. Although merely being
12744-417: The role of President Kais Saied strengthened significantly. The now-defunct Chamber of Deputies had 23% women members in 2009, outpacing the percentage of women serving at the time in the U.S. Congress , which stood at 17% in the 111th Congress . More than one-fifth of the seats in both chambers of parliament were held by women, an exceptionally high level in the Arab world. Tunisia is the only country in
12862-481: The rotation returned to East Africa. The current chair is Mohamed Ould Ghazouani , President of Mauritania , whose term began on February 17, 2024. The main administrative capital of the African Union is in Addis Ababa , Ethiopia , where the African Union Commission is headquartered. A new headquarters complex, the AU Conference Center and Office Complex (AUCC), was inaugurated on 28 January 2012, during
12980-576: The seats in the House of Deputies were reserved for the opposition. More than 27% of the members of the Chamber of Deputies were women. The lower house played a growing role as an arena for debate on national policy, especially as it hosted representatives from six opposition parties. Opposition members often voted against bills or abstained. However, because the governing party enjoyed a comfortable majority, bills usually passed with only minor changes. The upper house
13098-486: The world's longest river (the Nile ). The AU has an area of 29,922,059 square kilometres (11,552,972 sq mi), with 24,165 kilometres (15,015 mi) of coastline. The vast majority of this area is on continental Africa, while the only significant territories off the mainland are the island of Madagascar (the world's largest microcontinent and fourth-largest island ) and the Sinai Peninsula (geographically
13216-486: The written decision. This has led scholars to criticize the courts for being overly formalistic and even disingenuous, for maintaining the facade of judges only interpreting legal rules and arriving at deductive results. Following the example of the Napoleonic Civil Code , French legal codes aim to set out authoritatively and logically the principles and rules in an area of law. In theory, codes should go beyond
13334-454: Was appointed to consider the review and report back to the July 2008 summit to be held in Egypt. At the July 2008 summit, a decision was once again deferred, for a "final" debate at the January 2009 summit to be held in Addis Ababa. One of the key debates in relation to the achievement of greater continental integration is the relative priority that should be given to integration of the continent as
13452-420: Was directly elected for a five-year term. The president nominates the candidate of the party that gained the most votes in legislative elections to form a government within a month. The nominee must submit his program to the Assembly of the Representatives of the People and get the trust of the majority of its members before being appointed prime minister. Regional governors and local administrators are appointed by
13570-495: Was established on 25 May 1963, and the African Economic Community in 1991. Critics argued that the OAU in particular did little to protect the rights and liberties of African citizens from their own political leaders, often dubbing it the "Dictators' Club". The idea of creating the AU was revived in the mid-1990s under the leadership of Libyan head of state Muammar al-Gaddafi ; the heads of state and governments of
13688-519: Was highly restricted, as was a substantial amount of web content. Journalists were often obstructed from reporting on controversial events. Prior to the Jasmine Revolution , Tunisia practiced internet censorship against popular websites such as YouTube . In 2010 Reporters Without Borders included Tunisia in the country list of “Enemies of the Internet". Despite this, Tunisia hosted the second half of
13806-446: Was seized by authorities for violating campaign communications laws. Meanwhile, a delegation from the African Union Commission praised the election for taking place with "calm and serenity". Prior to the 2009 election, Tunisia amended its constitution to allow more candidates to run for president, allowing the top official from each political party to compete for the presidency regardless of whether they held seats in parliament. Following
13924-429: Was the Chamber of Advisors, which had 112 members, including representatives of governorates (provinces), professional organizations and national figures. Of these, 41 were appointed by the head of state while 71 were elected by their peers. About 15% of the members of the Chamber of Advisors were women. The Tunisian legal system is based on French civil law system. Some judicial review of legislative acts takes place in
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