President of the Republic of Tunisia

The president of the Republic of Tunisia is elected for a 5 years mandate to the Vote for all direct since the promulgation of the republican constitution of June 1st 1959.

Sitting at the Presidential palace of Carthage, it is re-eligible without limitation of the number of mandates contrary to the period former to the constitutional reform of June 1st 2002 where this number was limited to 3, except the presidency to founded life of 1974 to 1988.

Zine el-Abidine Ben Ali occupies the presidency since the Coup d'etat of the November 7th 1987. This one sees the setting with the variation of the president Habib Bourguiba who is declared médicalement inapt to take up his duties by a college of Médecin S. Ben Ali ensures this load on a purely temporary basis until the anticipated elections of 1989 then is re-elected with the successive elections.

Conditions of candidature

According to article 40 of the constitution, the candidate with the presidency must be at least 40 years old and 75 years with more (70 years before the reform of 2002), to enjoy Tunisian nationality exclusively, to be of Islamic religion and to be of father, of mother, grandfathers governor and maternal Tunisian. Moreover, it must pour a guarantee of: 5000 dinars which is not refunded to him that if it obtains at least 3% of the votes cast. In support of its candidature, it must produce an extract of its birth certificate, going back to at least a year, and the supporting documents proving that itself, his/her father, his mother and his grandfathers governor and maternal are remained all of Tunisian nationality without discontinuity (all parts being delivered by the ministry for justice). Lastly, it must be sponsored by 30 personalities which are members of the House of Commons or presidents of municipal councils. However, only the Constitutional Democratic Assembly of president Ben Ali has the number of elected officials necessary to sponsorship. This condition is thus met per none the formations opposition.

In order to facilitate the behavior of pluralist presidential elections, the House of Commons adopted the June 30th 1999 a constitutional law authorizing in exceptional circumstances for the elections of October 1999, and notwithstanding the 3rd subparagraph of article 40, the persons in charge of the opposition parties to introduce candidates to the presidency of the Republic if the conditions referred to above would not be met. However, the candidate has had to direct a party recognized for at least 5 years the registration day of his candidature, and its party must count at least a seat with the House of Commons.

The May 13rd 2003, a new bill derogating from the constitution is voted. It authorizes, in exceptional circumstances, the 5 opposition parties sitting at the House of Commons to introduce a member of their direction (and either only their leader as in 1999) to the elections of October 2004. The candidate has had to however always be member of the direction of his party for at least 5 years the registration day of his candidature.

The validity of the candidatures is pronounced by the Constitutional council, whose 7 members are named by the president from the Republic and 2 by the president of the House of Commons. It is also the Council consitutionnel which proclaims the results of the elections. It can moreover be seized of a request about which it is brought to come to a conclusion.

Prerogatives

The constitution confers to the president many prerogatives:

He is the supreme leader of the armed forces.
It chairs the the weekly Council of Ministers.
It names and revokes the Prime Minister, the members of the government, the governors and the Ambassadeur S.
It can directly subject (without parliamentary approval) to the Référendum the bills “having a national importance” or the “questions touching with the superior interest of the country” if they are not contrary with the constitution.
It directs the general policy of the State, defines of them the fundamental options and into formless the House of Commons.

It should be noted that it profits from a legal immunity during the performance of its duties. It also profits from this immunity after the end of the performance of its duties for the acts which it achieved during its mandate.

Results of the presidential elections

Gallery

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