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 1 - Legislative Elections
Section 3: Procedures for Deciding on Applications forCandidacy
Article 28
The competent Court of First Instance considers appealsin accordance with the procedures provided for in articles 43, 46, 47, 48 (lastparagraph), 49 and 50 of the Tunisian Code of Civil and Commercial Procedure,and may allow pleading at certain times.
The Court decides on the case no later than three daysfrom the date of filing, and notifies the parties with the ruling no later than48 hours from the date of issuance and via any method with a written record.
There is no mention of the authorities ofthe first instance court in reviewing the decision of the election committee.However, it can be assumed that the court can order to register the rejectedparty. This was the case in 2011 election.
