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Art. 8 - A political party can only set itself up and carry out its activities after having obtained a permit granted by order of the Minister of the Interior publishable in the Official Gazette of the Republic of Tunisia.
A legally-constituted political party will have legal capacity after an excerpt has appeared in the Official Gazette of the Republic of Tunisia , mentionning particularly:
- the name, purpose, motto and head office of the party ;
- the surnames, first names and occupations of its founders and any people who are in some way involved in its organisation ;
- the date of the order authorising its formation.
Art. 9 - If the administration has not replied to the submission of the declaration and its statutes within four months of the date of submission, this is equivalent to acceptance according to the provisions set out in article 11 of the present law.
The party will then be formed and will have legal capacity as soon as an except is published in the Official Gazette of the Republic of Tunisia , mentioning in particular:
- the name, purpose, motto and head office of the party ;
- the surnames, first names and occupations of its founders and any people who are in some way involved in its organisation ;
- the date and number of the receipt mentioned in article 11 of the present law.
The decision to refuse a permit must be justified to the interested parties within a maximum of four months from the submission date mentioned in article 11 of the present law.
Art. 10 - The decision to refuse a permit can be appealed before a special division sitting at the administrative Court, following the procedure regarding actions ultra vires set out in law n ° 72-40 of 1 June 1972 concerning the Administrative Court . The special division will be made up of:
- the chief presiding judge of the Administrative Court : chairman ;
- one presiding judge from a division of the Administrative Court : member;
- one presiding judge from a division of the Court of Cassation : member;
- two people who are well-known for their competence in political or legal matters : members.
The members of this division are appointed by decree.
The decisions of this division are final and are not subject to appeal.
Art. 11 - People wishing to form a political party must submit the following to the Ministry of the Interior:
a) A declaration which mentions :
1) the name, purpose, motto and head office of the party.
2) the surnames, first names, dates and places of birth, occupations and home addresses of its founders and those people who are in some way involved in its organisation, with the numbers, dates and places of issue of their national identity cards.
b) Five copies of the statutes
The declaration and the documents appendixed to it must be signed by two or more founder members and are subject to a stamp (de dimension). They will be provided with a receipt.
Art. 12 - All legally formed political parties can go to court, acquire in return for payment, own and administrate the following without a special permit:
1) its members' subscriptions;
2) the premises and the material necessary for party administration at meetings of its members;
3) its property.
Donations and gifts must be declared. The declaration must mention in particular the object, value and the source of the donation or gift. The declaration is to be made by the party leaders to the Ministry of the Interior in the three months following the donation or gift.
Art. 13 - The leaders of a legally formed political party must declare the creation of any sections or secondary groupings to the Ministry of the Interior and the Governor concerned, if the case arises.
The declaration must be made within seven days and msut specify:
- the surnames, first names, dates and places of birth, occupations and home addresses of the leaders of these sections or groupings;
- the numbers, dates and places of issue of the national identity cards of these leaders;
- the exact address of each section or grouping.
Art. 14 - Any modificaiton of the statutes during the functioning of a political party must be authorised by the Minister of the Interior under the same conditions and provisions required for its initial formation.
This modification must be made public under the same conditons set out in article 8 (paragraph 2) of the present law.
Art.15 - All political parties must inform the Minister of the Interior within seven days of changes in its leadership, changes in the leadership of its sections or secondary groupings as well as changes of address for its head office, its sections or secondary groupings.
The declartion of changes in the leadership or addresses of its sections or secondary groupings must also be made to the Governor concerned.
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