22
Official Journal – Issue No. 22 (bis) on 03 June 2013
unconstitutionality of the law No. 79/2012 as a whole, including all texts thereof,
since the constitutional defect in this text has affected the entire legislative structure of
the said law as a whole, since the parts thereof are integrally interrelated, since some
parts of those texts may not be effective or enforced in the presence of the other parts.
Whereas the verdict ruling the unconstitutionality of the provisions of the law No.
79/2012 is not affected by the provisions of Article (236) of the Constitution issued in
December 2012 which provides that "Constitutional declarations issued by the
Supreme Council of the Armed Forces and by the President of the Republic from 11
February 2011 to the date of the adoption of this Constitution are hereby repealed,
while their consequent effects shall remain valid and in force and may not in any way
be appealed against". Whereas, and regardless of the legitimacy of the constitutional
declarations issued by the President of the Republic, Article (236) of the Constitution
explicitly says that the consequent effects of such declarations shall remain valid and
in force. However, the provision of this Article shall not apply to the effects that are
yet to happen. Consequently, whereas the constitutional declaration issued by the
President of the Republic on November 21, 2012, has ruled the abatement of
proceedings brought to court with regards to laws and decrees issued by the President
of the Republic since the date on which he held office. Such abatement of proceedings
which arose as one of the consequent effects of this declaration should be entrenched
in a court ruling to make such abatement effective. However, this was not done prior
to the adoption of the new constitution in December 2012.
Also, whereas this ruling is not affected by the enforcement of such effect as of the
date of the promulgation of the said constitutional declaration, since the annulment of
the constitutional declarations by virtue of the Article (236) of the current constitution
as of the date on which it came into force in December 2012 does not allow the
abatement of proceedings that was of the consequences of such declaration, following
the annulment thereof by virtue of the provisions of such constitution.
For these reasons,
The Court ruled upon the unconstitutionality of Law no. 79/2012 setting out the
criteria for electing the members of the Constitution Constituent Assembly for
drafting a new constitution for the country.
Secretary
Court President
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