الوظيفة الاستشارية لمجلس الدولة على ضوء التعديل الدستوري لسنة2020

Abstract EN

This study dealt with the subject of the advisory function of the council of state, which is no less important than the judicial function; the council of state also has advisory powers granted to it by the 1996 constitution under article 119, amended by article 136 of the 2016 constitution, also amended by articles 142-143 of the 2020 constitution, it should be noted that its scope was initially narrow given the quality of the texts submitted to it, and the advisory competence is to express an opinion and propose amendments related to draft laws only, and this is confirmed by article 4 of organic law No.

98-01, amended and supplemented, but the 2016 and 2020 constitution expanded the scope of consultation with the state council and subordinated the orders of the president of the republic taken during the vacancy of the people's national assembly, parliamentary holidays or in case of urgent matters.