First instance body dealing with electoral disputes

Tunisia

Tunisia

Answer
Court of general jurisdiction (including Supreme Court)
Source

Basic Law on Elections and Referendums

Title III - Candidates

Chapter 1 - Legislative Elections

Section 3: Procedures for Deciding on Applications forCandidacy

Article 26

The Authority is to decide on applications forcandidacy no later than seven days from the date of the deadline for applyingfor candidacy, either by accepting or rejecting candidacy, indicating thereasons for its decision in the case of rejection.

The Authority, while deciding on applications forcandidacy, may consider a group of independent lists that share the same name andsymbol as one electoral coalition.

The head of the list or its representative shall benotified of the decision to accept or reject candidacy no later than 24 hoursfrom its date of issuance. Accepted lists are to be posted in the premises ofthe Authority, and published on the website of the Authority on the dayfollowing the deadline for deciding on applications for candidacy, and in thecase of rejection, notification is to be made via any means with a writtenrecord.

Section 4: Procedures for Appealing Decisions onApplications for Candidacy

Article 27

Decisions by the Authority on applications forcandidacy can be appealed, by the head of the list, one of its members, thelegal representative of the Party, or members of other candidate lists in thesame electoral constituency, before the territorially-competent Court of FirstInstance, and before the 'Tunis 1' Court of First Instance withregard to decisions by the Authority concerning candidate lists abroad, via awritten petition accompanied by supporting documents and evidence ofnotification to the Authority and the respondents, within three days of thedate of notification or posting of the decision. Appeals do not requirerepresentation by an attorney.

Article 28

The competent Court of First Instance considersappeals in accordance with the procedures provided for in articles 43, 46, 47,48 (last paragraph), 49 and 50 of the Tunisian Code of Civil and CommercialProcedure, 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. 

Close tooltip