3- Present opinions concerning the projects of texts of
laws and regulations relating to the authority activities,
4- Set the organization chart of the authority in
accordance with the provisions of article 22 of the organic
law herein,
5- Approve the authority budget,
6- Approve the internal regulations of the authority,
7- Approve the annual report of the authority.
Chapter 4
Of the course of the authority
Art.18 - The authority meets following a convocation by
its chairman or one third (1/3) of its members at least, and
this, once a month and whenever needed.
The meetings of the authority are chaired by its
chairman or his vice chairman. The chairman may invite
any person whose presence at the meetings of the authority
is deemed useful having regard to his competence that
relates to the issues presented on the agenda, and this,
without taking part in the vote.
The chairman of the authority fixes the agenda of the
meetings.
The deliberations of the authority proceed in closed
session in the presence of half of its members at least.
In the absence of the quorum during the first meeting,
the chairman convenes for a second meeting within a limit
of one week, and in this case, its proceeding is valid
whatever the number of the present members.
The authority makes its decisions by consensus, and
failing this, by vote of the majority of the present
members and in case of tied votes, that of the president
is the casting.
Art. 19 - The chairman of the authority as well as its
members cannot take part in its deliberations in a question
which concerns a person having with one of them an
interest or a family ties or alliance until the fourth degree.
The chairman of the authority as well as its members are
required to state, at any time, any conflict of interests or any
case where they do not meet a condition or more conditions
required to be member in the authority as provided for in
the organic law herein.
Any natural person or legal entity having interest may
present a challenge against the chairman of the authority or
its members, and this, in a justified writing which shall be
addressed to the authority.
Art. 20 - The assembly in charge of the legislative
authority fills the vacancies due to death, resignation,
revocation or absolute prevention following the request of
the chairman of the authority or half of its members at least,
in accordance with the procedures provided for in the
organic law herein.
The authority notes the case of vacancy which should
not exceed three months and consigns it in special minutes
which shall be transmitted to the president of the assembly
in charge of the legislative authorities.
Page 710
Chapter 5
Various Provisions
Art. 21 - The allowances and privileges of the chairman
of the authority as well as those of its members who
exercise their functions in full-time are fixed by decree
which shall be published in the Official Gazette of the
Republic of Tunisia.
The chairman and the secretary general of the authority are
obligatorily required to exercise their functions full-time.
Art. 22 - The particular status of the agents of the
authority is fixed by decree. This status may derogate from
some provisions of the law n° 83-112 dated 12 December
1983 relating to the general status of the personnel of the
State, local authorities and public establishments of
administrative nature which are not appropriate for the
functions nature of the agents of the authority.
The organization chart of the authority is approved by
decree.
Art. 23 - Any member of the authority is required to
safeguard the professional secrecy in all that is brought to
his attention of the documents or data or information
concerning the affairs of the authority. Likewise, it is
required not to exploit this information at ends other than
those required by the attributions which are entrusted to
him, even after the expiry of his functions.
Art. 24 - Is repealed the subparagraph 4 new added to
article 5 of the penal procedure code as provided for in
article 3 of decree-law n° 2011-106 dated 22 October 2011
and replaced by the following provisions:
The public action referring to crimes of torture is
imprescriptible.
Art. 25 - Under the terms of the organic law herein, the
National Constituent Assembly ratifies the decree-law n° 2011-5
dated 19 February 2011, approving the accession of the
Republic of Tunisia to the optional protocol referring to the
convention against torture and other cruel, inhuman or
degrading.
TITLE 4
Transitional provisions
Art. 26 - Contrary to the provisions of article 10 of the
organic law herein, half of the authority is renewed during the
first mandate and at the end of the third year of this mandate, and
this, by drawing lots in accordance with the method and the
conditions provided for in the organic law herein.
The chairman of the authority is not concerned with the
renewal by half.
Art. 27 - The commission of the rights, freedoms and
the foreign relations within the Constituent National
Assembly is regarded as being the Committee within the
meaning of the provisions of article 7 of this organic law.
The present organic law shall be published in the Official
Gazette of the Republic of Tunisia and carried out as a law
of the State.
Tunis, 23 October 2013.
The President of the Republic
Mohamed Moncef Marzougui
Official Gazette of the Republic of Tunisia — 25 December 2013
N° 85
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