Number of levels of adjudication

Tunisia

Tunisia

Answer
2
Source

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 appealshall advise to the Authority and the respondents a notice of the appeal via acourt bailiff, accompanied by a copy of the petition and its supportingdocuments.

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, andinstruct the respondent to provide remarks in writing as well as evidence ofhaving advised a copy of these remarks to the other party at least two daysbefore the pleading 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.

 

Article 47

Rulings of Appellate Circuits can be appealed byinvolved candidates or by the Authority before the Plenary Judicial Session ofthe Administrative Court within 48 hours of the date of notification of therelevant ruling.

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 supporting documents.

The appeal is filed via a registered CassationAttorney, in a petition to be deposited with the secretariat of the court bythe candidate or his/her representative. The petition must be reasoned andaccompanied 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 the Plenary Sessionwithout delay.

The First President is to schedule a pleading sessionwithin three days of the date of submission of the appeal, call all parties viaany means with a written record, and instruct the respondent to provide itsremarks in writing as well as evidence of having advised a copy of theseremarks to the other party at least 48 hours prior to date of the pleading session.

After pleading, the Plenary Session shall refer thecase to deliberation and pronouncement of the ruling within five days of thepleading session.

The court authorizes execution by marking the draft.

The decisions of the Plenary Session shall be finaland not subject to appeal by any means, including Cassation.

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.
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