Home > 6 Political parties > TUNISIA - Opinion on the Draft Institutional Law on the Organisation of Political Parties and their Funding
 
 
 
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Paragraph 27
 

Nevertheless, the registration procedure does raise some questions in terms of timeframes. In this connection the Guidelines provide that “deadlines for deciding registration applications should be reasonably short to ensure realisation of the right of individuals to associate. Expeditious decisions on registration applications are particularly important for new parties seeking to present candidates in elections. Deadlines which are overly long constitute unreasonable barriers to party registration and participation”, in particular in the context of elections. However, Articles 14 et seq. of the draft law provide that the relevant ministry has 60 days to take a decision on the compliance of party registration files with the legal requirements; and in the event of non-compliance, it must make a fresh decision within 30 days of expiry of the deadline for the remedying of shortcomings by the founders (the latter deadline being 90 days). These various deadlines are quite long and it is not clear why the second decision by the ministry (where applicable) must be taken within 30 days of expiry of the 90-day deadline rather than of actual rectification of the file by the founders. Moreover, it is worrying that Article 17 of the draft law does not lay down any specific deadlines for the administrative courts to process appeals against refusals to register parties (unlike, for example, the legal provisions governing electoral disputes). It was brought to the rapporteurs’ attention that such proceedings may, in practice, take many years, which is unsatisfactory in this area. It is recommended that Articles 16 and 17 of the draft law be amended accordingly and shorter deadlines be introduced for taking decisions on registration applications and ruling on appeals against refusal of registration so that expeditious decisions are ensured.