المجلس الوزاري بين التداول و العرض و التقرير : تعليق على قرار المحكمة الدستورية رقم 207.23

Abstract EN

The comment starts with reference to Constitutional Court Decision No.

207.23, issued on February 21, 2023, where the regulatory law No.

86.15 concerning the submission of unconstitutionality of a law referred to it for constitutional review was not passed.

This was attributed to a procedural defect in which the Minister of Justice merely presented the regulatory law project No.

86.15 to the Ministerial Council without engaging in a discussion about it.

The comment argues that the Court's reliance on statements and communiques was unnecessary, as it should have relied on the official records of the Secretary-General of the Government, which have evidential weight.

Furthermore, it emphasizes that the provisions of Article 49 and 92 of the Constitution do not establish a direct link between deliberation and reporting or approval.