In the corrected version of the text of the new Tunisian Constitution published on Friday, July 8, 2022, and which should be the subject of the July 25 referendum, the conditions relating to the candidacy, exercise, and end of the mandate of the President of the republic have been partially reformulated.
The candidacy for the post of President of the Republic is a right for any Tunisian, man or woman, who does not hold another nationality, born of father, mother, grandfather and grandmother, all Tunisians without interruption. The candidate, man or woman, must, on the day of filing his candidacy, be at least forty years old and enjoy all his civic and political rights.
The candidacy is submitted to the Independent Higher Authority for Elections (Isie) according to the terms and conditions provided for by electoral law.
The President of the Republic is elected for a period of five years by universal, free, direct, and secret suffrage, in the last three months of the presidential mandate, and by an absolute majority of the votes cast.
It is required of any candidate, male or female, that he be recommended by a certain number of members of the elected representative assemblies or of the electorate in accordance with the provisions of the electoral law.
In the event that none of the candidates obtains an absolute majority in the first round, a second round is organized within two weeks of the proclamation of the final results of the first round, and the two candidates having obtained the most votes in the first round compete in the second round.
If one of the candidates in the first round or one of the candidates in the second round dies, the door of candidacies is reopened and the dates of the elections are fixed again within a period not exceeding forty-five days. Withdrawals neither in the first round nor in the second round will not be taken into account.
If it is not possible to hold the elections on the fixed date, due to war or imminent danger, the presidential term is extended by law until the reasons that led to the postponement be overcome.
The Presidency of the Republic cannot be exercised for more than two complete terms, consecutive or separate.
In the event of resignation, the presidential term is considered completed.
The President of the Republic is the guarantor of the independence of the nation, of the integrity of its territory, of respect for the constitution and the law, and of the execution of treaties. It ensures the normal functioning of the public authorities and guarantees the continuity of the State.
The elected President of the Republic takes the following oath before the Assembly of People’s Representatives and the National Council of Regions and Territories:
“I swear by Almighty God to preserve the independence and integrity of the nation, to abide by the constitution and laws of the state, and to take full care of the interests of the nation.”
If this oath cannot be taken before the Assembly of People’s Representatives and the National Council of Regions and Territories for any reason whatsoever, the President of the Republic takes his oath before the Constitutional Court.
The President of the Republic appoints the representatives of the State abroad and receives the credentials of the representatives of foreign countries.
The President of the Republic, in the event of imminent danger threatening the durability of the republic, as well as the security and independence of the country, and rendering impossible the normal functioning of the machinery of the State, may decree the exceptional measures required. circumstances, after consultation with the Head of Government, the President of the Assembly of People’s Representatives and the President of the National Council of Regions and Territories. And he makes an address to the people about it.
In this case, the President of the Republic cannot dissolve one or the other of the two Chambers, nor present a motion of censure against the government.
These measures cease with the disappearance of their causes and the President of the Republic addresses the people on this subject, to the Assembly of People’s Representatives and to the National Council of Regions and Territories.
When the office of President of the Republic becomes vacant due to death, resignation, total incapacity, or for any other cause, the President of the Constitutional Court immediately assumes the functions of Head of State on an interim basis for a period minimum of forty-five days and maximum of ninety days.
