ORGANIZATION OF THE STATE

TITLE I (The National Assembly)

SECTION I  Organization of the National Assembly

Article 49  Legislative Power
The legislative power shall be vested in the National Assembly.

Article 50  The Doctrine of Islam in the Legislation
The doctrine of Islam shall be the main source of the laws of the State.

Article 51 National Assembly
1. The National Assembly shall consist of deputies elected by the people by universal, free, direct and secret ballot, and of deputies as of right.
2. The number of deputies and the electoral system shall be established by law.
3. Every citizen who has the right to vote and who in the year of the elections has completed at least twenty-five years of age shall be eligible to be a deputy. The law shall prescribe the grounds for ineligibility and incompatibility with membership in the National Assembly.
4. Whoever has been President of the Republic shall become a deputy for life as of right, in addition to the elected deputies, provided that he has not been convicted of any of the crimes referred to in paragraph 1 of Article 76.

Article 52 Term of Office and Elections
1. Each legislature shall be elected for a period of five years starting from the proclamation of the electoral results. Any modification of this term of office shall have no effect on the duration of the legislature during which such decision is taken.
2. The date for the elections to the new Assembly shall be fixed by the President of the Republic and shall take place during the last thirty days of the legislature in session.
3. The new Assembly shall meet for the first time within thirty days of the proclamation of the electoral results.

Article 53  Dissolution of the Assembly
1. The Assembly may be dissolved before the end of its term of office by the President of the Republic, having heard the opinion of the President  of the Assembly, whenever it cannot discharge its functions or discharges them in a manner prejudicial to the normal exercise of legislative activity.
2. By the same decree dissolving the Assembly, the President of the Republic shall fix the date for the new elections, and the elections shall take place within sixty days of the dissolution.
3. No dissolution shall take place during the first year in office of the Assembly, nor during the last year in office of the President of the Republic.
4. The outgoing Assembly shall retain its powers in all cases until the proclamation of the electoral results for the new Assembly.

Article 54 Sessions of the Assembly
1. The Assembly shall hold two annual sessions commencing, respectively, in the months of April and October .
2. The Assembly may be convened in extraordinary session by its President, or on the request of the President of the Republic, or of the Government, or of one fourth of the deputies.

Article 55 Organization
1. At its first meeting, the National Assembly shall elect, from among the deputies, a President, one or more Vice-Presidents and the other members of the office of the Presidency.
2. Law and order in the Assembly shall be maintained by the Assembly itself through its President or through whoever acts in his place, in accordance with rules or procedure.
3. The meetings 0£ the Assembly shall be public. In exceptional cases only, the Assembly may decide to meet in closed session on the motion of its President, or at the request of the President of the Republic, or of the Government, or of not less than thirty deputies.
4. The decision of the Assembly shall not valid unless the absolute majority of the deputies, not counting the seats declared vacant, are present.
5. All decisions shall be taken by a vote of the majority of those present except when a special majority is required by the Constitution or by law.
6. No proposal rejected by the Assembly may be re-introduced until six months have elapsed after the rejection.

Article 56 Participation of the Ministers and Under-Secretaries of State
1. Ministers and Under-Secretaries shall have the right to attend the meetings of the Assembly and of the committees and to take part in the discussion. Officials and experts, at the request of Ministers, may also attend such meetings and be heard
2. Ministers and Under-Secretaries shall be present at the meetings if requested by the Assembly.

Article 57 Rules of Procedure
Except as otherwise provided by the Constitution, the conduct of business in the Assembly shall be governed by rules of procedure approved by the Assembly on the proposal of its President or of at least five deputies.

Article 58 Deputies
1. Every deputy represents the people and shall exercise his functions without being bound by any mandate.
2. Upon assuming his functions, each deputy shall take the following oath of loyalty to the State before the Assembly: «In the name of God, I swear that I will discharge faithfully all my duties in the interest of the people and will abide by the Constitution and the laws».
3. Deputies shall not be prosecuted for facts mentioned, opinions expressed or votes cast in the exercise of their functions.
4. Without the authorization of the Assembly, no criminal proceedings shall be instituted against a deputy, nor shall a deputy be arrested or otherwise deprived of personal liberty nor shall his person or domicile be subjected to search, except in case of flagrante delicto for a crime in respect of which a warrant or order of arrest is mandatory, nor shall he be placed under arrest or detention in execution of a sentence, even where it has become final.
5. In cases other than those involving criminal proceedings, an action may be taken against a deputy in accordance with law, without authorization of the Assembly.
6. Deputies in office shall be entitled to the emoluments and daily sitting allowances fixed by law.

Article 59  Decisions on the Validity of the Qualifications of Deputies
1. The Supreme Court shall have jurisdiction over petitions challenging the qualifications of deputies.
2. Petitions, stating the grounds thereof, may be filed by any citizen, who is a voter, within thirty days of .the proclamation of the electoral results or of the occurrence of the cause of incompatibility or ineligibility.
3. The Supreme Court shall give a decision within ninety days from the date of expiry of the time-limit fixed for the filing of petitions.
4. Where a deputy ceases to exercise his functions, his seat shall be declared vacant by the Assembly and shall be filled in the manner prescribed by law:

SECTION II  Preparation of Laws and Other Functions of the National Assembly

Article 60  Presentation and Discussion of Draft Laws
1. Each deputy, the Government or at least 10,000 voters, shall have the right to present draft laws to the National Assembly.
2. The exercise of popular initiative shall be governed by law, and shall not pertain to matters of taxation.
3. Prior to the discussion in the Assembly, every draft law shall be examined by a parliamentary committee which shall present one or more reports thereon to the Assembly.
4. The Assembly shall discuss each draft law in accordance with the rules of procedure. It shall vote on it article by article, and in the end it shall vote on the draft law as a whole.

Article 61 Promulgation and Publication
1. Every law approved by the Assembly shall be promulgated by the President of the Republic within sixty days of its approval.
2. Where the Assembly declares, by an absolute majority of its members, that there is an urgent need, a law shall be promulgated within the time-limit fixed by the Assembly, provided that such time-limit shall not be less than five days.
3. Within the period fixed for promulgation, the President of the Republic may transmit to the Assembly a message, stating the grounds thereof, requesting that the law be reconsidered.
4. Where the Assembly approves such law again by a two-third majority, the President of the Republic shall promulgate it within thirty days of the approval.
5. Every law approved by the Assembly and promulgated by the Head of the State shall be published in the Official Bulletin and shall come into force on the fifteenth day following its pub- lication, unless the law provides otherwise.

Article 62  Delegation of Legislative Power
1. The Assembly may delegate to the Government the power to issue, on specified subjects or matters and for a limited period, provisions having the force 0£ law. In delegating authority, the Assembly may establish the policy and issue directives.
2. Provisions made under a delegated power shall be issued by decree of the President of the Republic on proposals approved by the Council of Ministers.

Article 63  Decree-Laws
1. In a case of urgent necessity, the Government may issue temporary provisions having the force of law. Such provisions shall be issued by decree of the, President of the Republic, on proposals approved by the Council of Ministers, and shall, within five days from the date of their publication, be presented to the National Assembly for conversion into law.
2. If in session, the Assembly shall decide on their conversion into law within thirty days of the date of presentation; if not in session, it shall decide within thirty days of its first subsequent meeting.
3. Provisions which are not converted into law shall cease to have effect ab initio; the Assembly may, however, decide that such effect shall cease on a different date and may regulate the legal consequences arising from the non-conversion of such provisions.

Article 64  Amnesty and Indult
1. The power of granting amnesty and indult may be delegated to the President of the Republic by a law approved by the Assembly, by a twothird majority of the deputies.
2. Amnesty and indult may not be granted in respect of offences committed after the presentation of the draft law on the delegation of powers.

Article 65  Taxation and Expenditure
1. The imposition, modification and abolition of taxes shall be effected only by law.
2. Laws involving new or larger State expenditure, shall specify the means for meeting such expenditure.
3. In the case of an expenditure to continue for more than one year, the means to meet it may be limited to the budget for the current year.

Article 66  Budget and Annual Accounts
1. The Assembly shall approve each year the estimated budget, which shall be presented by the Government at least two months before the end of the financial year.
2. The law approving the budget may not establish new fiscal charges and new expenditures.
3. Provisional application 0£ the budget may be authorized by law for periods not exceeding three months in toto.
4. Within the first six months of each financial year, the Government shall present to the Assembly, for approval, the Annual Accounts relating to the previous financial year.

Article 67  International Treaties
The Assembly shall authorize by law the ratification of political, military and commercial international treaties or of treaties which involve a modification of the law or financial commitments not included in the budget.

Article 68  State of War
The Assembly shall authorize the declaration of a state of war and confer on the Government the necessary powers.

Article 69  Power of Investigation of the Assembly  
1. Each deputy shall have the right to put questions or to submit interpellations to the Government and to propose motions to the Assembly. The Government shall reply within twenty days.
2. The Assembly may order investigations through committees consisting of deputies from all parliamentary groups, in order to investigate occurrences or situations of public interest. When it decides to order such an investigation the Assembly shall establish, within the limits of the Constitution, the powers of the committee; it may also appoint experts to co-operate with the committees.

TITLE II  (The President of the Republic)

Article 70  Election
1. The President of the Republic shall be the Head of the State and represent the unity of the nation.
2. The President of the Republic shall be elected, by secret ballot, by the National Assembly, with a majority of two thirds of its members on the first and second ballots, or by an absolute majority of its members in subsequent ballots.
3. On assuming his functions, the President of the Republic shall take the following oath of loyalty to the State before the National Assembly: «In the name of God I swear that I will discharge faithfully all my duties as President of the Republic and defend the Constitution with all my strength in the interest of the Country and the Nation».

Article 71  Qualifications for Eligibility
1. Any Muslim citizen whose father and mother are both original citizens, and who has the right to vote and is not less than forty five years of age, shall be eligible to .become President of the Republic. A person shall not be elected consecutively for more than two terms.
2. The President of the Republic shall not have been married to, nor shall he marry during his term of office, any woman who is not an original citizen.
3. The President of the Republic during his term of office shall not exercise any other public function, except the right to vote, nor shall he engage in any professional, commercial, industrial or financial activity.

Article 72  Term of Office
1. The term of office of the President of the Republic shall be six years from the date of his taking the oath. Any modification of this period shall not apply to the President in office.
2. The President of the National Assembly shall fix the date for the election of the new President of the Republic. The election shall take place within thirty days prior to the expiry of the term of office of the President of the Republic.
3. Where the National Assembly is dissolved or where its term is due to expire within less than three months, the election of the President shall take place within thirty days following the first meeting of the new Assembly. During that period the President in office shall continue in power.

Article 73  Emoluments and Establishment of the President of the Republic
The emoluments of the President of the Republic and the amount required for his establishment shall be fixed by law.

Article 74  Disability, Resignation, Death
1. In case of death, resignation, or permanent disability of the President of the Republic, the National Assembly shall meet within thirty days to elect a new President of the Republic.
2. Until the election provided for in the preceding paragraph has taken place and in cases when the powers of the President in office have been suspended under Article 76, as well as in all cases of temporary disability, the functions of the President shall be temporarily exercised with full legal effect by the President of the National Assembly, or, in his absence, by the most senior Vice-President.
3. In case of resignation, the President of the Republic shall give written notice thereof to the National Assembly.

Article 75  Powers and Duties
The President of the Republic shall exercise the functions conferred upon him by the Constitution and by law, in the legislative, executive and judicial fields. In addition, he shall:  
  1. authorize the presentation to the National Assembly of draft legislation originating with the Government;
  2. address messages to the National Assembly;
  3. grant pardon and commute sentences;
  4. accredit and receive diplomatic agents;
  5. ratify international treaties, after previous authorization from the National Assembly, where required;
  6. be the commander-in-chief of the Armed Forces;
  7. declare a state of war after authorization from the National Assembly in accordance with Article 68;
  8. confer State honours.
Article 76  Responsibility
1. The President 0£ the Republic shall not be responsible for acts performed in the exercise of his functions, except for crimes of high treason or attempts against the constitutional order, as provided by law.
2. The responsibility for acts of the President shall rest with the Prime Minister and the competent Ministers who subscribe to them.
3. In case of high treason or attempts against the constitutional order, the President of the Republic shall be impeached by a decision of the National Assembly taken on the motion of at least one fifth of its members and approved by secret ballot by a majority of two thirds of the deputies; he shall be tried by the Supreme Court constituted as the High Court of Justice.
4. Except in the cases mentioned in the preceding paragraph, the President of the Republic shall not be tried for any penal offence except when the Assembly gives its authorization, approved by secret ballot by a majority of two thirds of the deputies.
5. An approval of impeachment for high treason or for an attempt against the constitutional order or an authorization to institute criminal proceedings for any other offence shall entail the automatic suspension of the powers of the President.

TITLE III  (The Government)

SECTION I  Organization of the Government

Article 77  Executive Power
The executive power shall be vested in the Government.

Article 78  The Government
1. The Government shall be composed of the Prime Minister and the Ministers.
2. The meeting of the Prime Minister and the Ministers shall constitute the Council of Ministers.
3. The Prime Minister shall be appointed and dismissed by the President of the Republic.
4. The Ministers shall be appointed and dismissed by the President of the Republic on the proposal of the Prime Minister .
5. Before assuming their functions, the Prime Minister and the Ministers shall take the following oath of loyalty to the State before the President of the Republic: «In the name of God I swear that I will discharge faithfully my duties in the interest of the people and will abide by the Constitution and the laws.

Article 79  Under-Secretaries of State
1. The Ministers may be assisted by Under-Secretaries of State who shall be appointed and dismissed by the President of the Republic, on the proposal of the Prime Minister, having heard the Council of Ministers.
2. The Under-Secretaries shall assist the Ministers and exercise the functions delegated to them.
3. Before assuming their functions, the Under-Secretaries shall take the following oath of loyalty to the State before the Prime Minister: «In the name of God I swear that I will discharge faithfully my duties in the interest of the people and will abide by the Constitution and the laws.”

Article 80  Qualifications for Appointment of Ministers and Under-Secretaries
1. Any citizen possessing the qualifications required for election as a deputy may be appointed as Minister or Under-Secretary.
2. A Minister or Under-Secretary, during his period in office, shall not exercise any other public functions, except the exercise of the right to vote and of the functions as deputy in the National Assembly, nor shall he engage in professional, commercial, industrial or financial activities. He shall not directly or indirectly obtain the lease of, or purchase property belonging to the State or to public bodies, except for premises to be used as his personal residence. He shall not, furthermore, sell or lease his own property to the State or to public bodies, or participate in a personal capacity in State enterprises or in enterprises controlled by the State.

Article 81  Presidency of the Council of Ministers and Ministries
1. The functions of the Presidency of the Council of Ministers as well as the number and the functions of the Ministries shall be established by law.
2. The organization of the Presidency of the Council of Ministers, of the Ministries and of subordinate offices shall be laid down in regulations issued by decree of the President of the Republic.

Article 82  Confidence of the National Assembly
1. The Government shall obtain the confidence of the National Assembly within thirty days of its formation. The Government shall present itself to the Assembly and request its confidence. Subsequently, the Government may ask the Assembly to express its confidence at any time.
2. The National Assembly shall express its confidence or noconfidence by means of a motion, stating the grounds thereof, approved by a simple majority in open vote.
3. A motion of no-confidence, stating the grounds thereof, may also be proposed at any time, by at least ten deputies, and shall be examined not earlier than five days after its presentation. In order to be carried, it shall require an absolute majority in open vote.
4. Upon a vote of no-confidence by the Assembly, all the members of the Government shall resign.
5. The resigning Government shall continue in office for the purpose of carrying out routine duties until the appointment of the new Government.

SECTION II  Activities of the Government and Subordinate Organs

Article 83 Powers and Responsibilities of the Prime Minister and the Ministers
1. The Prime Minister shall direct the general policy of the Government and shall be responsible therefor. He shall maintain the unity of the Government's policy by co-ordinating and promoting the activities of the Ministers.
2. The Ministers shall direct the affairs within the competence of their Ministries and shall be individually responsible therefor.
3. The Prime Minister and the Ministers shall be jointly res- ponsible for the acts of the Council of Ministers.

Article 84  Penal Responsibility of the Prime Minister and the Ministries
1. The Prime Minister and the Ministers are responsible for offences committed in the exercise of their functions.
2. In respect of such offences, the Prime Minister and the Ministers shall be impeached on a decision of the National Assembly taken on the motion of at least one fifth of its members and approved by secret ballot by a majority of two thirds of the deputies; they shall be tried by the Supreme Court constituted as the High Court of Justice.
3. Except as provided in the preceding paragraph, no criminal proceedings shall be instituted against the Prime Minister or the Ministers, except by authorization of the Assembly, approved by secret ballot by a majority of two thirds of the deputies.
4. The Prime Minister or a Minister committed for trial before the High Court of Justice shall be automatically suspended from exercising his functions.

Article 85  Power to Issue Regulations
Regulations shall he issued by decree of the President of the Republic on proposals approved by the Council of Ministers. The power to issue regulations on specific matters may be given by law to other organs 0£ the State and to public bodies.

Article 86 Administrative Decentralization
Whenever possible, administrative functions shall be decentralized and performed by the local organs of the State and by public bodies.

Article 87 Appointment of High Officials
High officials and commanders o£ the military forces specified by law shall be appointed by the President 0£ the Republic, on the proposal of the competent Minister approved by the Council of Ministers.

Article 88 Civil Servants and Public Employees
1. Civil servants and public employees shall exercise their functions in accordance with the law and solely in the public interest.
2. Civil servants and public employees may not be leaders of political parties.
3. The categories of civil servants and public employees who shall  not belong to political parties or engage in other activities incompatible with their functions shall be established by law.
4. Any civil servant or public employee who is on leave for any reason shall not be promoted except on grounds of seniority.
5. The status of civil servants shall be established by law.  
6. Appointments to the permanent establishment of the civil service shall be made only after a public competitive examination, except in the cases provided by law.

Article 89  Civil Service Commission
1. A Civil Service Commission shall be established by a law which shall provide for its composition and powers.
2. The law establishing the Civil Service Commission shall guarantee the independence of its functions.

SECTION III  Auxiliary Bodies

Article 90 Magistrate of Accounts
1. The Magistrate of Accounts shall exercise a prior control over the legality of Government acts involving financial obligations and a postaudit on the State budget.
2. The Magistrate of Accounts shall participate, in the manner specified by law, in the control over the financial management of agencies to which the State makes a regular contribution, and of agencies to which the State makes a substantial contribution as an extraordinary measure.
3. He shall report to the National Assembly on the results of his audit.
4. The law shall regulate the organization of this organ and guarantee the independence of its functions; it shall ensure that the organs and agencies subject to audit have the right to be heard in any judicial proceeding connected therewith.

Article 91 National Economic and Labour Council
The National Economic and Labour Council shall be composed, in the manner prescribed by law, of experts and representatives of categories of producers of national wealth in proportion to their numerical strength and economic importance. It shall be an advisory body to the National Assembly and to the Government in respect of matters and functions assigned to it by law.

TITLE IV  The Judiciary

Article 92 Judicial Power
The judicial power shall be vested in the Judiciary.

Article 93 Independence of the Judiciary
The Judiciary shall be independent of the executive and legislative powers.

Article 94 Supreme Court
1. The Supreme Court shall be the highest judicial organ of the Republic. It shall have jurisdiction over the whole territory of the state in civil, criminal, administrative and accounting matters, and in any other matter specified by the Constitution and by law.
2. The organization of the Supreme Court and of the other judicial organs shall be established by law.

Article 95 Unity of the Judiciary
1. No extraordinary or special courts shall be established.
2. There may only be established, as part of the ordinary courts, specialized sections for specific matters, with the participation, where necessary, of citizens who are experts, from outside the Judiciary.
3. The jurisdiction of Military Tribunals in time of war shall be established by law. In time of peace, they shall have jurisdiction diction only in respect of military offences committed by members of the Armed Forces.[Note: As amended by Law No.6 of 30 January 1963.]
4. The people shall participate directly in assize proceedings, in the manner prescribed by law.

Article 96  Judicial Guarantees
1. In the exercise of their judicial functions, the members of the Judiciary shall be subject only to law.
2. The rules concerning the legal status and the appointments of members of the Judiciary shall be established by law.
3. Members of the Judiciary shall not be removed or transferred except in the cases specified by law.
4. Members of the Judiciary shall not hold offices, perform services or engage in activities incompatible with their functions.
5. Administrative and disciplinary measures relating to members of the Judiciary shall be adopted, as provided by law, by decree of the President of the Republic, on the proposal of the Minister of Grace and Justice, having heard the Higher Judicial Council.

Article 97  Judicial Procedure
1. Judicial proceedings shall be public; the court may decide, however, for reasons of morals, hygiene or public order, that the proceedings be held in camera.
2. No judicial decision shall be taken unless all the parties have had on opportunity of presenting their case.
3. All judicial decisions and all measures concerning personal liberty shall state the grounds therefor, and shall be subject to appeal in accordance with law.
4. The Police and Armed Forces shall be directly available to the judicial organs for the performance of acts pertaining to their functions.