Kaïs Saïed issued a decree severely punishing illicit speculation. But the text seems largely inspired by an Algerian law. Explanations.
Since assuming most of the powers on July 25, 2021, President Kaïs Saïed has launched an offensive against speculators and monopolies. On March 20, 2022, it promulgated a decree to counter illicit speculation, such as storage or concealment of goods causing a shortage or disruption of the market. A decision that comes in the context of a shortage of basic foodstuffs due to the Ukrainian crisis.
Problem: After a first examination, the text turns out to be a true copy of the law adopted by Algeria on December 20, 2021, in particular in its articles 1, 2, and 15, but also on the whole of the text, with some arrangements. Enough to fuel mockery on social networks but also a feeling of unease within public opinion.
“Reproduced as is”
Some senior state clerks try to hide their embarrassment by assuming that “those who drafted this decree were influenced by the Algerian version in their practice of comparative law”.
But nothing helps, plagiarism seems established. It is also unusual turns of phrase in Tunisia that have attracted the attention of observers, for whom it was enough to submit the version to plagiarism detection software to discover the pot of roses.
In both texts, the legislator adopts an identical definition of the terms illicit speculation, scarcity of commodities, and use of electronic means. None of these notions is presented in the light of the Tunisian legislative corpus and in particular of all the laws organizing trade.
“THE PRESIDENT WANTS TO SPEED UP THE PACE”, PLEAD MEMBERS OF THE EXPLANATORY CAMPAIGN OF KAÏS SAÏED’S PROJECT
The Tunisian version of the Algerian decree thus ignores the State’s obligation to supply the market with basic necessities but repeats exactly the same penalties and sanctions, which go as far as the confiscation of goods. personal. “The Algerian text has been reproduced as is without taking into consideration the principle of proportionality of sentences”, deplores political scientist Kerim Bouzouita.
“The president wants to speed up the pace,” plead members of the explanatory campaign for Kaïs Saïed’s project. The shortage of basic necessities and the difficulties of restocking due to exhausted public finances are impacting his political project and fueling popular discontent.
Determined to put an end to speculators and “those who plot to harm the country”, the tenant of Carthage has moved up a gear to produce a decree that has the effect of a cleaver as it is severe.
From 10 years to life
Issued at the same time as two other major decrees, one on national reconciliation, the other on corporate citizens, Decree 14 of March 20, 2022, provides for a series of sanctions similar to those taken by Algiers, with fines ranging from 100,000 to 500,000 dinars, accompanied by prison sentences of ten years up to life when the offense is committed in an organized gang or involves smuggling.
“IT IS A DECREE ISSUED IN PEACETIME BUT WHICH PROVIDES FOR SANCTIONS INHERENT IN WAR”
Kaïs Saïed is not the only one to have declared war on speculation. All his predecessors have tried it, but they have lost out to the informal sector, whose share of GDP will have increased from 30% to 53% in 2021, according to a study by the Tunisian Forum for Economic and Social Rights (FTDES).
“Certain provisions go against Tunisian laws, especially since the regime of exceptional measures which has governed Tunisia since September 2021 provides that the decrees must be related to this exceptional situation, which is not the case with the decrees of March 20.
They correspond to Kaïs Saïed’s personal vision of the practice of power,” observes public law professor Sghaier Zakraoui. His colleague, law professor Rabeh Khraifi, regularly consulted by the presidency, for his part, defends the idea of an original production by Tunisian lawyers, but considers that “it is a decree issued in peacetime but which provides for sanctions inherent in war”.
