The Administrative Court

The Administrative Court is a constitutional institution created by article 69 of the Tunisian Constitution which stipulates that the Council of State is composed of the Administrative Court and the Court of Auditors. The Administrative Court was created in 1972. Its organization was fixed by the two organic laws n° 72-40 dated 1 June 1972 as amended and completed by subsequent texts and n°72-67 dated 1 August 1972 as amended and completed by subsequent texts.

Organization of the jurisdictional and advisory formation within the Administrative Court:

The Administrative Court is chaired by a first president and is composed, in addition to the commissioners and general commissioners of State, of the following chambers:

Three (3) chambers of cassation.
Two (2) advisory chambers.
Five (5) chambers of appeal.
Seven (7) chambers of first instance.
Two (2) advisory sections.

Jurisdictional attributions:

The Administrative Court rules with its various jurisdictional bodies on all the litigations of administrative nature except for two which are attributed to other jurisdictions by a special law. Within this framework , the Administrative Court is competent to rule on the recourse for abuse of power tending to the cancellation of the decisions taken in the administrative matter, as well as recourse of administrative liability. It is moreover, competent to rule, in appeal, on the recourse against the decisions rendered by the Competition Council and the insurances general committee, and, in cassation, on the tax matter litigations, those related to the professional associations as well as on the recourse brought against the decisions rendered by the banking commission.

Advisory attributions:

The Administrative Court is obligatorily consulted on the draft decrees of regulatory nature. It puts forward its opinion on the other draft texts and in general on all the issues for which its intervention is provided for by the legislative or regulatory provisions, or which are submitted to him by the government.

Constitutional, legislative and regulatory references:

Article 69 (new) of the constitution.
Law n° 72-40 dated 1 June 1972, relating to the Administrative Court all amending and completing texts it and notably organic law n° 2008-7 dated 13 February 2008.
Law n° 72-67 dated 1 August 1972, relating to the functioning of the Administrative Court and the status of its members, all amending and completing texts it and notably organic law n° 2001-78 dated 24 July 2001.
Organic law n° 96-38 dated 3 June 1996, relating to the distribution of competences between the judicial courts and the Administrative Court and to the creation of a council of the competence conflicts amended by organic law n° 2003-10 dated 15 February 2003.
Decree n° 74-882 dated 26 September 1974 relating to the legal aid before the Administrative Court
- Decree n° 90-2173 dated 24 December 1990 organizing the secretariat general of the Administrative Court amended by decree n° 98-66 dated 19 January 1998
Decree n° 2008-431 dated18 February 2008 fixing of the number of the contentious chambers and the advisory chambers and sections of the Administrative Court.
Order of the Prime Minister dated 4 May 1989, relating to the suits of the members of the Administrative Court amended by the order of the Prime Minister dated 13 May 1997 and by the order of the Prime Minister dated 27 December 2005.
Order of the Prime Minister dated 13 May 1997 fixing the methods of election of the representatives of the advisors and assistant advisors of the higher council of the Administrative Court.