Mahfoud called on Sayyid to withdraw the decree to call for the readers and reconsider the entire process

Amin Mahfoudh, professor of constitutional law, said on Mosaïque FM, Tuesday, July 23, 2024, that the Tunisian electoral atmosphere is experiencing a certain amount of ” Failure and overspending », specifically linking to “ National neutrality ».

« In a self-respecting democracy, the date of elections is governed by a legal framework and not by the will of one party or another (…) When we read the decree that summoned the voters, we find not the slightest mention of a legal basis because there is none. Kais Said also took control of the legislative prerogative. He was elected under the 2014 Constitution, which assumes that his term ends with the publication of the 2022 Constitution, which must set the date for the next elections, but this has not yet been done (…) The electoral sphere thus becomes an exclusive prerogative and this is where the fundamental failure of the legislator lies (…) Who chose this date, while also being a candidate, thus affecting the neutrality of the State, has, in addition to this, taken the opportunity to issue a series of decrees, some of which directly affect justice and freedom of expression, thus hindering the free atmosphere of transparent and fair elections. “, declared Amin Mahfoud.

On Isi’s role, he believed the institution had also committed excesses in going so far as to require it to publish an electoral calendar in accordance with the constitution and the electoral law.” Its calendar must also serve freedom, not impose the most restrictions. Other institutions publish their calendars nine months before the elections, because anyone who wishes can put forward his candidacy. Isie must respect the Constitution, which guarantees individual freedoms, protects personal data and gives it the sole prerogative to organize elections in accordance with the electoral law (…) The electoral law should be amended by the legislator (…) Another logical point is that Kais Said was elected under the 2014 Constitution and sworn in on October 23, so the new president must take office on October 23. This assumes that both rounds are held long enough before this date. If we continue with the logic of 2014, the electoral deadline will inevitably be exceeded, and Isie has not played its role and has not done anything to establish a healthy climate », added Amin Mahfoud.

He stressed that the entire government and all state machinery must abide by the principle of neutrality. Every party in the government that interferes in the support of a candidate commits an electoral crime, and every candidate who uses the state, its institutions or its resources for his own benefit commits an electoral crime. When Isie asked candidates to withdraw their sponsorship forms and published the text on July 17, it forced candidates to meet an unachievable deadline and did not guarantee a healthy atmosphere for candidates (…) It is not in the national interest to continue this process (…) Kais Said gave the people the right to resist oppression with his own hands, but I consider this a less desirable solution because it would come at a high cost. In order to correct this process at the lowest cost, Kais Said should withdraw the decree to call the voters, develop a legislative initiative that proposes reasonable deadlines and amends the electoral law in accordance with the 2022 constitution, and Isie publishes a calendar that allows candidates to collect sponsorship. I do not doubt Kais Said’s patriotism, and I call on him to reconsider this process. Under the current circumstances, these elections cannot be free and transparent », concludes M. Mahfoudh.

For constitutionalists, numerous defeats could derail the entire process and lead to possible appeals to the Administrative Court to annul the election results.

Methamphetamine