Tunisia

1. Composition and structure

Number of members

61

Recruitment procedures and incompatibilities :

The First President of the Tribunal is appointed by decree upon a proposal by the Prime minister amongst the high civil servants or the members of the Administrative Tribunal.
The Councillors of State are appointed by decree upon a decision of the Prime minister and upon a proposal of the President:
- in a proportion which may not exceed 75 % of the vacancies, the councillors are chosen amongst the deputy councillors who have served for more than 6 years as such and who are enrolled on a special promotion list fixed by the Superior Council;
- for 25 % of the vacancies, they are recruited by an examination open to all civil servants of the category A, who have a licence in law or an equivalent diploma et who have an experience of at least 10 years in the civil administration.

The deputy councillors are appointed by decree upon a decision of the Prime minister and upon a proposal of the First President of the Tribunal:
- by direct nomination amongst the candidates having accomplished with success the superior studies of the National School of Administration and having a licence in law or an equivalent diploma;
- by examination, organized by decision of the Prime Minister and including an interview with the members of the jury.

This examination is open to:
- candidates having obtained, after the licence in law, a superior universitary degree in public law (Diplôme d'études approfondies) or an equivalent diploma;
- civil servants of category A, being not older than 35 years at the moment of the examination, having an experience of at least five years in civil administration as such and having a licence in law or an equivalent diploma.

In order to be appointed to the Admininstrative Tribunal, one must be tunesian citizen for at least 5 years and one must have at least 25 years. After a probative period of two years, the Superior Council of the Administrative Tribunal is consulted on the confirmation of the appointment.

Councillors in extraordinary service are appointed by decree for a term of two years, renewable once a time, amongst the civil servants having a long administrative experience. They sit in the consultative chamber of the Tribunal.

The functions of member of the Administrative Tribunal are incompatible with any electoral mandate and with any professional activity. However the First President of the Tribunal may grant individual derogations in order to exercise the function of teacher or any other function or activity which does not infringe the magistrate's dignity and independence.

Internal organisation :

The Admininstrative Tribunal is constituted of members according to the following hierarchy:
- First President;
- Presidents of the Chambers of appeal and of the Consultative Chambers;
- General State Comissioners;
- Presidents of the Chambers of first instance and of the consultative sections;
- State Commissioners;
- Councillors;
- Councillors in extraordinary service;
- Deputy Councillors.

Publications :

Yearly report; reports of decisions.

2. Jurisdictional attributions and advice

2.1. Court functions

Jurisdiction

Actions ultra vires;
Litigations concerning compensation;
Fiscal disputes;
Electoral disputes.

Organisation of the courts system

The Administrative Tribunal comprises:
- chambers of first instance;
- appeal chambers;
- a plenary assembly competent to hear petitions for cassation.

Powers of the judges

Annulment; compensation; reversal; in some cases: injunctions

2.2. Advisory functions

Existence and extent of an advisory authority

- Facultative advice on bills;
- Obligatory advice, which has not to be favorable, on decrees containing a subordinate legislation;
- Obligatory advice, which has to be favorable, on decrees applying to matters which formerly were reserved to statutes and which, since the constitutional amendment of 27 October 1997, are being dealt with by subordinate legislation;
- Any other question submitted to the Tribunal by the Government.

Authority and publicity of the advices

The advices are generally implemented; no publicity except in the annual report.