What remedies are available in the first instance?
Tunisia
- Declare the candidate or party ineligible or eligible
- Reversal or upholding of the challenged decision
Basic Law on Elections and Referendums
Title III - Candidates
Chapter 2 - Presidential Elections
Section 3: Procedures of Appealing the Decisions ofthe Authority
Article 46
Decisions of the Authority may be appealed bycandidates before the Appellate Circuits of the Administrative Court within 48hours of the posting or notification of the decree
A party desiring to appeal shall advise to theAuthority and the respondents a notice of the appeal via a court bailiff,accompanied by a copy of the petition and its supporting documents.
The appeal is to be filed via a petition deposited bythe candidate or his/her representative with the secretariat of the court.Representation by an attorney is not required. The petition must be reasonedand accompanied by supporting documents, a copy of the appealed decree, and therecord of notification of the appeal, or else the appeal will be rejected.
Upon receipt of the petition, the secretariat of thecourt shall register the petition and refer it immediately to the FirstPresident of the Administrative Court who assigns it to an Appellate Circuitwithout delay.
The President of the competent Circuit shall schedulea pleading session no later than three days from the date of registration ofthe petition, call the parties via any means with a written record, and instructthe respondent to provide remarks in writing as well as evidence of havingadvised a copy of these remarks to the other party at least two days before thepleading session.
After pleading, the Circuit shall refer the case fileto deliberation and pronouncement of the ruling within three days.
The court authorizes execution by marking the draft.
Thesecretariat of the court is to notify the parties of the ruling via any meanswith a written record within 48 hours of the date of pronouncement.