Critics: From a Presidential Dictatorship to a Ministerial Dictatorship

Negotiations, recently initiated within a special commission in the constituent assembly, on a new law concerning public authorities were put on hold, after the proposal in question, submitted by the coalition including Ennahda, the Congress for the Republic (CPR) and Ettakatol, is thought to be mainly in favor of the Islamic party.
While in its initial program, Ennahda called for a full parliamentary system, the party’s general secretary, Hamadi Jebali, announced in a press conference that the party is for a presidential system. Yet the party seems to have changed its position, as, according to article 15 of the law relating to public authorities, the prime minister is appointed by the majority party in the assembly. The text also outlines the role of the premier minister, and is subject to great debate.
Jawhar Ben Mbarek, professor of Constitutional law, believes that this decision goes against the democratic process. Indeed, although Ennahda has the largest number of seats in the constituent assembly, and is not the majority party as it only bears 40% of these, the other parties, that constitute the remaining 60% of the seats, are not entitled to name the prime minister, as they do not constitute a majority party.
Moreover, article 17 of the same law frames the prime minister’s role as one that has full control over the government. According to this article, ministers are not accredited to take any decision without the PM’s approval. Besides being responsible for naming the head of the Central Bank, the prime minister is also called to confirm the president’s choice in regards to the appointment of high army officers, consuls and diplomats. Lastly, laws submitted by the constituent assembly must be ratified by the president, and if not, be voted a second time by the constituent assembly and approved by an absolute majority.
The CPR published a press release on its website relating to what the party deems to be the insignificant role of Tunisia’s future president. The document states that the CPR won’t accept a symbolic presidency, and that the constituent assembly should allocate a major role to the president and a status that allows him to lead the country in such difficult circumstances.
The law relating to public authorities also rises the issue of the overlap of powers. Indeed, according to the text, the president of the constituent assembly is also the president of the Constitutional Court, which leads to an overlap of the judicial and legislative powers. Moreover, the text suggests that members of the constituent assembly should appoint members of the future government, while at the same time exercising control over the latter.
Imed Daimi, the CPR’s spokesman, commented that “the law relating to public authorities requires that the President of the Republic leave his position within the party.” Yet the three main parties, namely Ennahda, CPR and Ettakatol, have signed an agreement which outlines their vision of the future government. Daimi insists:”The ministers who will be appointed should give up their seats to those who come after them in the lists.” As the candidate lists for the October 23rd elections were required to respect parity between men and women,”this will allow for more women to be present in the constituent assembly,” he added.
The text has also received strong opposition from public opinion, and around 400 people protested today in front of the constituent assembly in Le Bardo.
Negotiations relating to this law on public authorities are crucial as the text will determine the nature of the future government. While talks within the constituent assembly are still ongoing, parties within the special commission have already rejected two articles submitted by Ennahda.

 By Eymen Gamha graduated in 2010 from the Institute of High Commercial Studies (IHEC) Carthage, after three years of studying Business Administration, with a specialization in Marketing. During his second and third year at university, he was the news editor of www.club-ihec.net and the writer of a column dealing with ecological issues.