Legal System of Tunisia

Tunisia is located in Africa. It is geographically situated in northern africa, bordering the mediterranean sea, between algeria and libya. The country achieved independence on 20 march 1956 (from france). The capital is Tunis.

Government Overview

Government Type: parliamentary republic Chief of State: President Kais SAIED (since 23 October 2019) Head of Government: Prime Minister Sarra ZAAFRANI Zenzri (since 21 March 2025) Cabinet: prime minister appointed by the president; cabinet members appointed by the president in consultation with the prime minister Administrative Divisions: 24 governorates (wilayat, singular - wilayah); Beja (Bajah), Ben Arous (Bin ‘Arus), Bizerte (Banzart), Gabes (Qabis), Gafsa (Qafsah), Jendouba (Jundubah), Kairouan (Al Qayrawan), Kasserine (Al Qasrayn), Kebili (Qibili), Kef (Al Kaf), L’Ariana (Aryanah), Mahdia (Al Mahdiyah), Manouba (Manubah), Medenine (Madanin), Monastir (Al Munastir), Nabeul (Nabul), Sfax (Safaqis), Sidi Bouzid (Sidi Bu Zayd), Siliana (Silyanah), Sousse (Susah), Tataouine (Tatawin), Tozeur (Tawzar), Tunis, Zaghouan (Zaghwan) National Holiday: Independence Day, 20 March (1956); Revolution and Youth Day, 14 January (2011) Suffrage: 18 years of age; universal except for active government security forces (including the police and the military), people with mental disabilities, people who have served more than three months in prison (criminal cases only), and people given a suspended sentence of more than six months

Legal System

The legal system of Tunisia is described as mixed system of civil law, based on the French civil code and Islamic (sharia) law; Supreme Court reviews some legislative acts in joint session International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: several previous; latest draft published by the president 30 June 2022, approved by referendum 25 July 2022, and adopted 27 July 2022 Amendment Process: proposed by the president of the republic or one third of the Assembly of the Representatives of the People membership; following Constitutional Court review, approval to proceed requires an absolute majority vote in the Assembly, and final passage requires a two-thirds Assembly majority vote; the president can opt to submit an amendment to a referendum, which requires an absolute majority of votes cast for passage

Judicial Branch

Highest Court(s): Court of Cassation (consists of the first president, chamber presidents, and magistrates; organized into 27 civil and 11 criminal chambers) Judge Selection: Supreme Court judges nominated by the Supreme Judicial Council, an independent 4-part body consisting mainly of elected judges and the remainder legal specialists; judge tenure based on terms of appointment; Constitutional Court (established in the 2014 and 2022 constitutions, but never implemented) Subordinate Courts: Courts of Appeal; administrative courts; Court of Audit; Housing Court; courts of first instance; lower district courts; military courts

Legislative Branch

The legislative structure consists of bicameral Note: note: in 2022, President SAIED issued a new electoral law that requires all legislative candidates to run as independents Lower Chamber: Assembly of People’s Representatives (Majlis Nawwab ash-Sha’ab) (161 (all directly elected) seats) Electoral System (Lower Chamber): plurality/majority Upper Chamber: National Council of Regions and Districts

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Tunisia Suffrage: 18 years of age; universal except for active government security forces (including the police and the military), people with mental disabilities, people who have served more than three months in prison (criminal cases only), and people given a suspended sentence of more than six months

Historical Background

Many empires have controlled Tunisia, including the Phoenicians (as early as the 12 century B.C.), Carthaginians, Romans, Vandals, Byzantines, various Arab and Berber kingdoms, and Ottomans (16th to late-19th centuries). Rivalry between French and Italian interests in Tunisia culminated in a French invasion in 1881 and the creation of a protectorate. Agitation for independence in the decades after World War I finally convinced the French to recognize Tunisia as an independent state in 1956.

This article provides a summary of the legal system and governmental structure of Tunisia based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.