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 67
 

Lastly, it should be noted that Article 62 of the draft law stipulates that sanctions are imposed either by the administration (i.e. the Human Rights Ministry, for the withholding of public funding) or by the Tunis Court of First Instance (for other offences). This approach calls for some comments: first, the Ministry’s role is problematic in view of international standards requiring that the oversight of political parties be carried out by a non-partisan body that satisfies the criteria of independence and impartiality; second, several people with whom the rapporteurs spoke drew their attention to the fact that the Tunis Court of First Instance had no particular expertise in this field and that the judicial channel did not guarantee the requisite speed in this respect. For these reasons, it was suggested that the Court of Auditors be given the power to sanction political parties, as it already had the power to impose sanctions in the event of financial and electoral offences under Articles 98 et seq. of the Electoral Law. Such an arrangement might indeed seem logical. However, the authorities have expressed doubts as to whether this solution is in conformity with constitutional law. It is recommended that further thought be given concerning the powers to impose sanctions on political parties and that it be verified whether these powers can be attributed to the Court of Auditors, taking constitutional law into account.