Tunisian Prosecutor General Challenges Bar Association's Extraordinary General Assembly
Background
The Prosecutor General near the Court of Appeal in Tunis has contested the modalities of an extraordinary general assembly of the Bar Association held on May 1st. A hearing has been scheduled for June 10th to examine the appeal, according to a judicial source cited by TAP.
Grounds for Appeal
The appeal is based on the provisions of Article 74 of Decree-Law 79/2011, which regulates the profession of lawyer. Article 74 states that non-disciplinary decisions made by the Bar Association's President, the National Order of Lawyers Council, regional section councils, and their presidents, as well as the modalities of their holding, can be subject to appeal before the Court of Appeal in the jurisdiction where the Bar Association's headquarters or the relevant section is located. The right to appeal belongs to those with voting rights, the competent prosecutor general, and any other person with a legitimate interest.
Substance of the Appeal
The appeal also refers to Article 54, which specifies that extraordinary general assemblies will only be considered lawful if attended by at least one-third of lawyers with voting rights. If this quorum is not met, decisions will be taken by a simple majority at a subsequent assembly convened within a period of 15 to 30 days.
Prosecutor General's Appeal
According to the same judicial source, the Prosecutor General near the Court of Appeal in Tunis has lodged an appeal against the modalities of the Bar Association's extraordinary general assembly, citing the powers conferred upon him by Article 74 of the decree regulating the profession of lawyer. The appeal challenges the conditions under which the assembly was held and the failure to notify the Prosecutor General of the presence of the required quorum (one-third of lawyers with voting rights). On this basis, the Prosecutor General has requested the annulment of the assembly.
