Article 70-III (amended by organic law 2003-58 of August 4, 2003 )

For the second round, appeals are open for the two candidates having participated in it.

The same time-limit and the same procedures provided for in article 70a of the present code shall apply.

The Constitutional Council shall declare the results in accordance with paragraph 1 of article 70-II of the present code. In case of appeal, the provisions of paragraph 3 of the same article shall apply.

Article 71

The election result shall be published in the Official Gazette of the Republic of Tunisia (JORT).


TITLE III

SPECIAL PROVISIONS FOR THE ELECTION

OF NATIONAL ASSEMBLY MEMBERS

 

CHAPTER I

Composition of the National Assembly

and Term Length of its Members


Article 72 ( amended by organic law 98-93 of November 6, 1998 )

The total number of seats at the Chamber of Deputies shall be set by decree on the basis of one seat per 52,500 inhabitants; an additional seat shall be allocated if, after this operation, there is a population surplus exceeding half the demographic base required to determine the total number of seats.

The number of seats allocated to each electoral district shall be determined by the same decree as in the paragraph above on the basis of one seat per 65,000 people.

In all cases the number of seats allocated to one single district cannot be less than two, and an additional seat shall be allocated to a district if the operation referred to above leaves a population surplus exceeding half the demographic base used to determine the total number of seats for electoral districts.

The difference between the total number of seats at the National Assembly and the number of seats allocated to electoral districts shall be apportioned nationally.

Article 73 ( amended by organic law 2003-58 of August 4, 2003 )

The Chamber of Deputies shall renew itself integrally subject to the provisions of article 108 of the present code.

Subject to the constitutional provisions concerning the extension of the mandate or the dissolution of the Chamber of Deputies, the general elections shall take place during the 30 days preceding the expiration of the mandate.

Article 74 ( repealed by article 11 of organic law 2003-58 of August 4, 2003 )

Article 75 ( repealed by article 3 of organic law 88-144 of December 29, 1988 )

 

CHAPTER II

Eligibility and Ineligibility Requirements

 

Article 76 ( amended by organic law 98-93 of November 6, 1998 )

None can be candidate to the Chamber of Deputies unless the following conditions are met :

•  The candidate must be a voter;

•  The candidate must be of a least 23 completed years of age on the day candidacy is presented;

•  The candidate must be of Tunisian nationality, born of a Tunisian father or mother.

Article 77 ( amended by organic law 88-144 of December 29, 1988 )

The following can be candidates to the National Assembly only after resigning their functions and responsibilities :

•  The president and members of the Constitutional Council of the Republic;

•  The president and members of the Economic and Social Council;

•  Governors;

•  Magistrates ;

•  First delegates, secretaries general of governorates, delegates and chiefs of sector.

Article 78

Individuals stripped of their civic rights by a judicial decision in application of the law are ineligible.

Article 79 ( repealed by article 3 of organic law 88-144 of December 29, 1988 )

 

CHAPTER III

Incompatibility

 

Article 80 ( amended by organic law 88-144 of December 29, 1988 )

The exercise of non-elective public office, remunerated by the State, public institutions or public local communities will be incompatible with the Deputy's mandate.

In the case where the Deputy is bound by the legislation related to the general status of State personnel, public local communities and public institutions having an administrative character, or by that related to the general status of trade organizations, public institutions having an industrial character and corporations directly and in majority owned by the State or by public local communities, he shall automatically be put on special leave as soon as the definitive election results become known. These provisions shall not apply to contractual agents.

The details of the special leave as well as the administrative situation of the above-mentioned agents shall be determined by a specific law.

 

Article 80a ( amended by organic law 2003-58 of August 4, 2003 )

No one can, at the same time, be a member of the Chamber of Deputies and a member of the Chamber of Advisors.

Article 81

The exercise of functions conferred and remunerated by a foreign State or an international organization shall also be incompatible within a parliamentary mandate.

Article 82 ( amended by organic law 88-144 of December 29, 1988 )

Will also be incompatible with a parliamentary mandate the functions of head of enterprise, chairman of the board, managing director, director and manager, exercised within :

•  public enterprises having a status of public industrial or commercial institutions or companies owned directly and in majority by the State or by public local community owned companies ;

•  companies with an exclusively financial object and tapping public savings and credit.

Article 83 ( amended by organic law 88-144 of December 29, 1988 )

Deputies shall be forbidden from accepting any function within the establishments and public companies mentioned in the articles above during their mandate.

Article 84 ( amended by organic law 88-144 of December 29, 1988 )

Notwithstanding the provisions of the above articles, a deputy can be appointed to represent the State or public local communities in the public companies mentioned by the present code.

Article 85 ( amended by organic law 88-144 of December 29, 1988 ).

Lawyers vested with a Representative's mandate shall not conclude, plead or provide counsel against the State, public communities or public institutions.

Likewise, a solicitor or other court expert, member of the Chamber of Deputies, shall not in his professional activity initiate any proceeding or measure against the State, public local communities or public institutions.

Article 86

Representatives are forbidden from having or allowing their name followed by their function to be featured in any advertising activity on behalf of a financial, industrial or commercial enterprise.

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