08 Aug 2021; MEMO: MP of the Heart of Tunisia party Jawhar Al-Mughairbi announced on Friday that the party has decided to appeal the recent decisions made by President Kais Saied before the Administrative Court for the second time.
After an emergency meeting with security and military leaders, the Tunisian president announced the dismissal of Prime Minister Hichem Mechichi on 25 July, provided that he assumes executive authority with the help of a government headed by a prime minister of his choice.
He also decided to freeze the powers of Parliament for 30 days and suspend immunity for MPs.
Saied said at the time that he had taken these exceptional decisions to "save the state." However, the majority of the parties considered these measures a "coup and a violation of the constitution," while others supported the presidential resolutions as a way to correct the course of the revolution.
Al-Mughairbi stated in a Facebook post: "Because I believe in the supremacy of the law and the constitution in our country… I went today to the administrative judiciary to have the supreme word and adjudicate the illegal decisions taken by the president of the republic (Kais Saied) on the 25th of last July."
He added: "The appeal includes, in particular, decisions that have a direct impact on my legal position as an elected people's representative and on the status of the legislative institution (Parliament) and its members."
The Heart of Tunisia MP indicated that he resorted to the Administrative Court: "As the competent authority to consider the legitimacy of decisions issued by the head of state, and with regards to its status as the supreme administrative authority."
On 29 July, Tunisian journalist Ziad El-Hani filed a lawsuit at the Administrative Court against President Saied for overstepping the authority regarding his decision to dismiss the prime minister and a number of ministers. However, the court has not yet issued a ruling regarding the case.
According to observers, resorting to the Administrative Court came due to the absence of the Supreme Constitutional Court, which the authorities failed to establish over the past months due to several obstacles.
In a previous interview with Anadolu Agency, Ahmed Swab, former judge at the Administrative Court, stated: "There is a consensus in jurisprudence and the judiciary in comparative law that Saied's decisions were issued in exceptional circumstances in accordance with Article 80 of the Constitution."
Swab asserted: "These decisions fall within the framework of what is called in Tunisia the theory of [acts of sovereignty], which is a type of political action such as severing relations with a certain country, declaring war, or calling for elections, and therefore it cannot be appealed."
