X. Transitional Provisions

 

Article 148

1. Dispositions of articles 5, 6, 8, 15 and 16 of the Provisional Regulations of Public Powers remain in effect until the election of the Assembly of the Representatives of the People.

Dispositions of Article 4 of the Provisional Regulations of Public Powers remain in effect until the election of the Assembly of the Representatives of the People. Nevertheless, from the entry into force of the Constitution, no draft law presented by the deputies is admissible unless it relates to the electoral process, the transitional justice system or the bodies created by all the laws adopted by the National Constituent Assembly.

Dispositions of Articles 7, 9 to 14 and Article 26 of the Provisional Regulations of Public Powers remain in effect until the election of the President of the Republic according to the dispositions of Article 74 and after of the Constitution.

Provisions of Articles 17 through 20 of the Provisional Regulations of Public Powers remain in effect until the first government obtains confidence from the Assembly of the Representatives of the People.

The National Constituent Assembly continues to exercise its legislative, electoral and oversight powers established by the constituent law relating to the Provisional Regulations of Public Powers or by the laws in effect, until the election of the Assembly of the Representatives of the People.

 

2. The dispositions mentioned below enter into force as follows:

  • Dispositions of Title Three relating to the Legislative Authority, with the exception of Articles 53, 54, 55, as well as Part Two of Title Four concerning the government, enter into force from the date of the announcement of the definitive results of the first legislative elections;
  • With the exception of Articles 74 and 75, the dispositions of Part One of Title Four relating to the President of the Republic enter in force from the date of the announcement of the definitive results of the first direct presidential elections. Articles 74 and 75 enter into force only when the President of the Republic is elected directly;
  • With the exception of Articles 108 through 111, the dispositions of Part One of Title Five relating to the judicial, administrative, and financial judiciary enter into force after the creation of the Supreme Judicial Council;
  • With the exception of Article 118, the dispositions of Part Two of Title Five relating to the Constitutional Court enter into force upon the creation of the first Constitutional Court;
  • Dispositions of Title Six relating to the constitutional bodies enter into force after the election of the Assembly of the Representatives of the People;
  • Dispositions of Title Seven relating to local authorities enter into force as soon as the laws mentioned in the Title enter into force.

 

3. Presidential and legislative elections are organized in the period starting four months after the creation of the Higher Independent Elections Commission and, in any event, no later than the end of 2014.

 

4. Endorsements are made in the first direct presidential election by a number of members of the National Constituent Assembly corresponding to the number set for the members of the Assembly of the Representatives of the People, or the number of registered voters, as stated by the election law.

 

5. The Supreme Judicial Council shall be created within a maximum of six months from the date of the first legislative elections; and the Constitutional Court shall be created within a maximum of one year from the elections.

 

6. The two first partial renewals of the Constitutional Court, the Elections Commission, the Audio-visual Communications Commission, and the Good Governance and anti-Corruption Commission are carried out by a draw of lots between the initially nominated members. The chairpersons of these bodies are excluded from these draws.

 

7. In the first three months following the promulgation of the Constitution, the National Constituent Assembly creates, by an organic law, a provisional authority in charge of determining the constitutionality of laws. It is composed of:

  • The first President of the Court of Cassation, president;
  • The first President of the Administrative Court, member;
  • The first President of the Audit Court, member;
  • Three members, experts in law, each appointed on an equal basis by the President of the National Constituent Assembly, the President of the Republic and the Head of Government.

All courts are not authorized to determine the constitutionality of laws.

The mandate of this authority ends after the creation of the Constitutional Court.

 

8. The provisional authority responsible for supervising the judicial justice system retains its functions until the creation of the Supreme Judicial Council.

The Independent Authority for Audio-Visual Communications retains its mandate until the election of the Audio-Visual Communication Commission.

 

9. The state undertakes to apply the transitional justice system in all its domains and according to the deadlines prescribed by the relevant legislation. In this context the invocation of the non-retroactivity of laws, the existence of previous amnesties, the force of res judicata, and the prescription of a crime or a punishment are considered inadmissible.

 

Article 149

Military tribunals continue to exercise the jurisdiction they have been granted by the current laws until they are amended by the dispositions of article 110.

And God is the guarantor of success.