The political crisis in Tunisia continues in an upward trend after Prime Minister Elias Al-Fakhfakh resigned, anticipating the procedures for withdrawing confidence from him in Parliament, at a time when the interpretations of the constitutional experts differed after this step.
The Elias government has been the 11th traps since the January 14, 2011 revolution, but observers unanimously agree that the resignation of the traps, which was followed by sharp differences between the components of the government coalition and a struggle between Parliament and the Presidency over the powers that Tunisia has never known.
In the text .. The resignation of the prime minister is considered the resignation of the entire government .. not only for five ministers, and before that the question remains .. Is the resigned person entitled to be dismissed?
Posted by Professor Seif Eddine Makhlouf on Wednesday, July 15, 2020
The resignation does not fire, and the
dismissal of the Prime Minister, Elias Al-Fakhfakh, to the six ministers of Ennahdhah increased three hours after he submitted his resignation in the escalation of the congestion. Resignation for the entire government. "
Osama al-Khulaifi, head of the Tunisian Heart Bloc in Parliament, described Prime Minister Elias Al-Fakhfakh’s resignation after Ennahda, the Dignity Coalition and the Future, and Tunisia’s overthrow of the no-confidence list from him to the parliament’s office, as “an attempt to defraud the constitution” and “a state scandal.”
The blame list falls legally
and expert in the constitutional law, Rafeh Bin Ashour, tells Al-Jazeera Net that displaying the blame list against the prime minister no longer has any legal or constitutional meaning and is outdated by time.
He stressed that the blame list submitted by the parliamentary blocs with the aim of withdrawing confidence from the prime minister is tainted by a "grave procedural breach" related to his failure to provide for an alternate prime minister if it was voted on in Parliament according to the requirements of Chapter 97 of the Constitution.
This chapter provides for the possibility of voting on a censure bill against the government, after a reasoned request submitted to the Speaker of the People's Parliament from at least a third of its members, and voting on the censure list does not take place until 15 days have passed after its filing with the parliament presidency.
Chapter 98 of the constitution: The resignation of the prime minister is the resignation of the entire government, and therefore we are facing a resigned prime minister who is not a prime minister ...
Posted by Yamina Zoghlami on Wednesday, 15 July 2020
In order to withdraw confidence from the government, the approval of the absolute majority of the members of the council is required, and the submission of an alternative candidate for the prime minister whose candidature is approved in the same vote.
Regarding the scenarios related to the post-resignation of the government of the traps, the constitutional expert considered that the legislative initiative returned to the President of the Republic, Qais Saeed, to assign the most capable figure in consultation with the parties and national organizations within a maximum period of 10 days.
Ben Ashour pointed out that the constitution gave the most qualified figure to head the government a month to form the new government, and from there it was presented to the parliament’s vote in order to gain confidence.
The constitutional expert cautioned against the scenario of the new government not obtaining the confidence of Parliament and from falling into a "constitutional impasse" since the constitution did not explicitly stipulate the measures adopted in such a situation after the prime minister resigned.
He pointed out that the state of dissolution of the Parliament stipulated in Chapter 89 of the Tunisian Constitution relates mainly to the regular situation regarding the failure of Parliament to give confidence to the government, and after 4 months have passed since the first mandate, when the President of the Republic can then dissolve Parliament and call for new legislative elections.
On the other hand, he stressed that the constitution stipulated in Chapter 77 that the parliament cannot be dissolved in the first six months after the first cabinet’s confidence in the parliament after the legislative elections, and the Pvt. Government won confidence on February 27th.
If the Prime Minister resigns after submitting the blame list, this is considered an attempt to refer to the constitution and further evidence of the merit of what she went to ...
Posted by Oussama Khlifi on Wed, Jul 15, 2020
" The spirit of the Constitution"
for his part, goes constitutional law professor Khaled Aldbabi in his speech to the island to say that the government has become elyes fakhfakh resigned after the caretaker government believes in the continuity of the state and ensures the management of public facilities pending the appointment of a new government.
He stressed that the Tunisian constitution grants a month in the hands of the President of the Republic to form a new government and take it to parliament to gain confidence.
The constitutional expert noted that the problem raised relates to two hypotheses, the first relates to the case of the parliament not granting confidence to the new government, and the second relates to the inability of the best person to form an integrated government team.
And he considered that Chapter 77 of the Constitution prohibits the president of the republic from dissolving the parliament, 6 months before the date of the current government gaining the confidence of parliament, that is August 27, 2020, wondering the extent of the possibility of the president of the republic exceeding the timeframe prescribed.
The constitutional expert acknowledged the existence of a real crisis related to the constitution, which contains contradictory chapters, as he put it, further deepening the political crisis.
Al-Dabbabi called on the President of the Republic to rely on the so-called "spirit of the constitution" and his compulsion to dissolve parliament if the government failed to gain confidence or the most able figure in the formation of the government failed, which is a common practice in democratic systems, according to him.
It is noteworthy that the President of the Republic, Qais Saeed, sent yesterday a message to the Speaker of the People's Assembly, Rashid Ghannouchi, to provide him with a list of parties, coalitions and parliamentary blocs in order to conduct consultations with them, according to what is stipulated in Chapter 89 of the Constitution, with the aim of assigning the most capable person to form a government, according to a statement presidential.