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Official Gazette of the Republic of Tunisia — 29 March 2016 N° 26 Page 264 laws

Organic law n° 2016 -22 dated 24 March 2016, relating to the right of access to information (1).
In the name of the People,
The Assembly of the Representati ves of the People having adopted,
The President of the Republic enacts the following organic law:
Chapter one General provisions Article one - the law herein has as an aim to guarantee the right for any natural person or legal entity to access to information in order to allow:

  • obtaining information,
  • strengthening the principles of transparency and of statement of accounts and especially with regard to the management of public services,
  • improving the quality of public service and strengthening the confidence in the bodies subjected to the provisions of the law herein,
  • strengthening public participation in the development, the follow-up of the implementation and evaluation of the public policies,
  • strengthening scientific research. Art. 2 - The law herein applies to the following bodies :
  • The Presidency of the Republic and its bodies,
  • The Presidency of the Government and its bodies,
  • The assembly of the representatives of the People,
  • The ministries and the various bodies under supervision inside or abroad,
  • The central bank,
  • The public enterprises and establishments and their representations abroad,
  • The local and regional public bodies,
  • The local authorities,
  • The judicial authorities, the higher judicial council, the constitutional court, court of auditors,
  • The constitutional authorities,
  • The independent public authorities,
  • The regulation authorities,
  • The persons of private law in charge of management of a public service,
  • The organizations and associations and all the bodies benefiting from public financing.
    They are called hereafter "the bodies subjected to the provisions of the law herein".

(1) Preparatory Works:
Discussion and adoption by the assembly of the representatives of the people in its meeting dated 11 March 2016.
Art. 3 - Within the meaning of the law herein, it is meant by the following terms:

  • The access to information: the proactive publication of information by the concerned body and the right to reach it on request,
  • Information: any recorded information regardless of its date, its form and its support, produced or obtained by the bodies subjected to the provisions of the law herein within the framework of the exercise of their activities,
  • The third: any natural person or legal ent ity other than the concerned body holder of the information and the applicant of access to the information.
    Art. 4 - Subject to articles 24 and 25 of the law herein, the deposit in the archives of the documents containing the information accessible with in the meaning of the law herein, does not make obstacle to the right to reach it.
    Art. 5 - All the bodies subjected to the provisions of the law herein, are held to provide the necessary appropriations for the programs and activities relating to the access to information.
    Chapter 2 Of the obligation of proactive publication of information by the concerned body Art. 6 – The bodies subject to the provisions of the law herein, are held to publish, update, place periodically at the disposal of the public, in a usable form, the following informations:
  • the policies and programs that concern the public,
  • the detailed list of services provided to the public, the certificates which it issues to the citizens and the necessary documents for their obtaining, the conditions, deadlines, procedures, parts and stages of their performances,
  • the legal, regulatory and explanatory texts governing its activity,
  • the functions which are assigned to it, its organization chart, the address of its principal headquart ers and all its secondary headquarters, the way of access and communication with it and the detailed budget which was allocated to,
  • the informations relating to its programs and especially the achievements in relation to its activity,
  • the list of nam es of the charg és of access to information, comprising the data provided for in first paragraph of article 32 of the law herein and their professional electronic addresses,
  • the list of the available documents in electronics or paper version relating to the provided services and the resources which were prescribed for it,
  • the conditions of granting the authorizations provided by the body,
  • the programmed public procurement having commitment of their budget, that the body counts to contract and the expected results of their implementation, N° 26 Official Gazette of the Republic of Tunisia — 29 March 2016 Page 265
  • the reports of the control authorities in accordance with the international professional standards,
  • agreements that the State hopes to adhere to it or to ratify,
  • statistical, economic and social data including the results and reports of detailed statistical censuses in accordance with requirements of the law relating to the census,
  • any information relating to the public finance including the detailed data related to the budget at the central, regional and local level, the data relating to the public debt and the national accounts, the distribution of the public expenditure and the principal indicators of the public finance,
  • the available information relative to social programs and services.
    Art. 7 - Taking into account the means available for the bodies provided for by the last dash of article 2 of the law herein, the information provided for by article 6 of the law herein, shall be published on a Web site and updated at least once all three (3) months and following any change affecting them, with compulsory mention of the date of the last update.
    This site shall comprise in addition to the above mentioned information, the following:
  • The legal and regulatory framework governing the access to information,
  • The forms of the requests for access to information, the procedures of the equitable relief and the department in charge of their reception at the concerned body,
  • The reports produced by the concerned body, relating to the implementation of th e provisions of the law herein, including quarterly and annual reports mentioned in points 3 and 4 of article 34 of the law herein. Art. 8 – The bodies subject to the provisions of the law herein, shall, in a proactive way, publish information having been the subject of at least two repetitive requests, provided that they are not covered by the exceptions provided for by articles 24 and 25 of the law herein. Chapter 3 Of the access to information on request Section one – Of the procedures of presentation of the request for access to information Art. 9 - Any natural person or legal entity may present a written request for access to information in accordance with a pre-established model, put available for the public by the concerned body or on plain paper co ntaining the obligatory mentions provided for in articles 10 and 12 of the law herein. The responsible of access to information is required to provide the necessary assistance to the applicant of access to information, in the case of handicap or incapacity of reading or writing or when the applicant would be attained of hearing or visual incapacity.
    The filling of the application is done, whether directly at the concerned body against the compulsory delivery of a receipt, or by registered letter or by fax or electronic mail with acknowledgement of receipt.
    Art. 10 - The request for access to information shall obligatorily comprise the name, the first name and the address if it is about a natural person, the corporate name and the head office if it is about a legal entity as well as the necessary details relating to the requested information and the concerned body.
    Art. 11 - The applicant of access to information is not required to mention in the request access, the reasons or the interest justifying his request.
    Art. 12 - At the time of the formulation of the request, it is imperative to specify the method of access to information among the following methods:
  • The consultation of information on the spot if this does not cause him any damage,
  • Obtaining a paper copy of the information,
  • Obtaining an electronic copy of the information, as much as it is possible,
  • Obtaining extracts of the information.
    The concerned body shall provide the information according to the requested form.
    For lac k, the concerned body shall provide the information in the available form.
    Art. 13 - If the request for information do not comprise all the mentions provided for in articles 10 and 12 of the law herein, the responsible for access to information shall notify the applicant of access to information, by any means leaving a written record, within a deadline not exceeding fifteen (15) days as from date of its reception of the request.
    Section 2 –Of the response to the requests of access to information Art. 1 4 - The concerned body shall answer to any request for access to information within a deadline not exceeding twenty (20) days, as from the date of reception of the request or that of its correction.
    If the request has as an aim the consultation of information on the spot, the concerned body shall answer it within ten (10) days, as from the date of reception of the request or that of its correction.
    In the event of rejection of th e request, the refusal decision shall be written and justified with mention of the deadlines, the methods of recourse and the relevant structures to rule on it in accordance with articles 30 and 31 of the law herein.
    Art. 15 - The silence of the concerned body at the conclusion of the statutory deadline provided for by the provisions of the law herein, is worth implicit refusal, opened for the applicant of access to information, ways for recourse in accordance with the procedures provided for in
    articles 30 and 31 of the law herein. Art. 16 - The concerned body is not required to answer more than once to the applicant in the event of repetitive requests relating to the same information without valid reason.
    Art. 17 - If the request for access to information would have consequences on the life or the freedom of a person, the concerned body is required to take care to answer, by any means leaving a written copy and immediately, providing that the deadline as from the date of presentation of the request does not exceed forty eight (48) hours and to justify the rejection in accordance with the provisions of the third paragraph of article 14 of the law herein. Art. 18 - If the information object of request is held by a body other than that to which the request was deposited, the responsible for the access shall inform the applican t of its incompetence or of the transfer of its request to the concerned body, and this, within a maximum deadline of five (5) days as from the date of reception of the request.
    Art. 19 - The deadline provided for in article 14 of the law herein, may be extended to ten (10) days with notification to the applicant of access, when the request relates to the obtaining or the consultation of several information held by the same body.
    Official Gazette of the Republic of Tunisia — 29 March 2016 N° 26 Page 266 Art. 20 - When the required information was provided, on a purely confid ential basis, by a third to the body, the latter is held, after information of the applicant, to consult the third in order to obtain his reasoned opinion, as for the partial or total diffusion of the information, and this, within a maximum deadline of thirty (30) days as from the date of the reception of the request for access by registered letter
    with acknowledgement of receipt.
    The opinion of the third is constraining for the concerned body.
    The third shall present his response within fifteen (15) days as from the date of reception of the request for consultation. The lack of response within the above mentioned deadlines, is worth tacit agreement of the third. Art. 21 – In the event that the request for access carries on information already published, the responsible for access shall inform the applicant and specify for him the site of publication.
    Art. 22 - If it is proven that the information obtained by the applicant of access, is incomplete, thebodies subject to the provisions of the law herein, shall put at his disposal, all the necessary additional and explanatory data.
    Section 3 - Required fees Art. 23 - Any person has right to free access to information. However, if the supply of information requires expenses incurred by the concerned b ody, the applicant shall be pre -informed of the need for paying an amount provided that it does not exceed the real costs incurred by the concerned body.
    The requested information shall be provided only after
    justification of the payment of the due amount.
    Chapter 4 Exceptions to the right of access to information Art. 24 - The concerned body cannot refuse the access to information only when this would cause damage to the security or national defense or international relations related to it or the righ ts of the third as for the protection of his private life, his personal data and his intellectual property.
    These fields are not regarded as absolute exceptions to the right of access to information. They are subject to the test of damage provided that the latter is serious whatever it is concomitant or posterior. They are also subject to the test of public interest of accessibility or inaccessibility to information as for each request. The proportionality between the interests wanting to protect and t he reason of the request for access, shall be taken into count. In the event of refusal, the applicant of access shall be informed by a justified letter. The effect of refusal ends with the expiry of the reasons expressed by the answer to the access request.
    Art. 25 – The right of access to information does not include the data relating to the identity of persons having presented informations to denounce abuses or corruption cases.
    Art. 26 – The exceptions provided for in article 24 of the law herein, do not apply:
  • to the information whose disclosure is necessary in order to reveal serious violations of the human rights or war crimes or the investigations related to it or prosecution of its authors, provided that it does not affect the supreme interest of the State,
  • In the event of obligation to make prevail public interest on the damage which may touch the interest to be protected, because of a serious threat for health or safety or environment or consequent to the commission of a criminal act.
    Art. 27 - If the required information is partially covered by one of the exceptions provided for in articles 24 and 25 of the law herein, the access to this information is allowed only after occultation of part concerned by the exception, as much as that is possible.
    Art. 28 – The inaccessible information within the meaning of article 24 of the law herein, becomes accessible in accordance with the deadlines and conditions provided for by the legislation in force relating to archives.
    Chapter 5 Of appeal against the decisions of the body relating to the right of access to information Art. 29 - The applicant of access to information dissatisfied of the decision taken about his request,may make an equitable relief to the head of the concerned body, within a deadline not exceeding twenty (20) days following the decision notification.
    The head of the body is required to answer him within the shorts possible time provided that not to exceed a maximum deadline of ten (10) days as from the date of deposit of the application in revision.
    The silence of the head of the concerned body, during this deadline, is worth tacit refusal.
    The applicant of access to information may appeal directly to the authority of access to the information mentioned in article 37 of the law herein.
    Art. 30 - In the event of refusal of the request by the head of the concerned body or in the event of failure to response on his part at the expiry of the deadline of ten (10) days as from the date of reception of the request of revision, the applicant of access may lodge an appeal in front of the authority of access to information mentioned in article 37 of the law herein, and this, within a deadline not exceeding twenty (20) days as from the reception of the decision of refusal of the head of the body or of the date of tacit refusal.
    The authority that rules on the appeal in the shortest deadlines provided they do not exceed forty five (45) days as from the reception of the request for appeal, its decision is constraining for the concerned body.
    Art. 31 - The applicant of access or the concerned body may lodge an appeal against the decision of the authority in charge of access to information, at the administrative tribunal, within thirty (30) days as from the date of notification of this decision.
    Chapter 6 Of the responsible for access to information Art. 32 – Any body subject to the provisions of the law herein, shall designate a responsible for access to information and his substitute by decision taken for this effect, comprising the principal data allowing to identify their identities, their grades and theirs functional employment.
    The authority of access to information mentioned in article 37 of the lawherein,shall be notified of it within a deadline of fifteen (15) da ys as from the date of its signature and this decision shall be published on the web site of the concerned body.
    Art. 33 – The bodies subject to the provisions of the law herein,may organize the different activities relating to the access to information in the framework of an internal body created for this purpose, chaired by the responsible for access to information and attached directly to the head of the organization.
    N° 26 Official Gazette of the Republic of Tunisia — 29 March 2016 Page 267 The conditions of creating this internal body, are fixed by governmental decree.
    Art. 34 - The responsible for access to information is notably held to:
  1. Receive the requests for access to information, treat them and answer them.
  2. Ensure coordination between the concerned body to which he is attached and the authority of ac cess to information mentioned in article 37 of the law herein.
  3. Prepare an action plan for the consecration of the right of access to information in coordination with the primarily responsible of the concerned body , comprising clear objectives and a calendar for this purpose, fixing the stages, the deadlines and the role of each stakeholder, and this, under the supervision of the head of the concerned body.
    The primarily responsible of the concerned body, shall facilitate the task of the responsible for access to information, coordinate with him and provide him with the necessary data for the development of the action plan.
    The responsible for access prepares for this purpose, a quarterly report which he transmits within the fifteen (15) days following each quarter, to the head of the concerned body .
  4. Prepare an annual activity report relating to the access to information in the first month of the year following the year of exercise and transmits it after its validation by the head of the body, to the authority of access to information. This report includes the suggestions, the necessary recommendations to reinforce the consecration of the right of access to information as well as statistical data on the number of deposited requests for access, the requests object of answer, the refusals, the requests for graceful appeal, the answers and deadlines related to them, in addition to the measures taken as regards the access to information on initiative of the concerned body, the documents management and the agents training.
  5. Follow the implementation of the action plan and update it, under the supervision of the head of the concerned body.
    Art. 35 –The heads of the administrative departments within the bodies subject to the provisions of the law herein, shall make available to the responsible for access, the requested information, provide him with the necessary assistance and allow him the necessary and possible
    facilitations.
    Art. 36 – The bodies subject to the provisions of the law herein, may on proper initiative or following the proposal of the responsible for access to information, create advisory commissions in charge of the access to information which give consultation to the responsible for access and their agents, on all the issues re lating to the implementation of the law herein. The advisory commissions in charge of access to information mentioned in paragraph one of the article herein, are created by decision of the head of the concerned body .
    Chapter 7 Of the authority of access to information Art. 37 - Is created an au tonomous public authority, called "Authority of access to information", endowed with the legal entity and whose headquarter is in Tunis. It is mentioned, hereafter, "the Authority ".
    Section one - Missions and attributions of the Authority Art. 38 - The Authority is notably in charge of:
  • Ruling on the appeals which are submitted to it in matter of access to information. It may for this purpose and when necessary, carry out the necessary investigation son the spot with the concerned body, achieve all investigative procedures and auditioning any person whose hearing is considered to be useful,
  • Informing all the concerned bodies and the applicant of access personally, of its decisions,
  • Publishing its decisions on its own Web site,
  • Following the commitment as regards proactive
    diffusion, on the initiative of the concerned body, of the information mentioned in articles 6, 7 and 8 of the law herein, and this, by self -referral from the part of the authority or following requests emanating of a third,
  • Obligatorily issuing an opinion on the draft laws and regulatory texts having link with the field of access to information,
  • Promoting the culture of access to information in coordination with the bodies su bject to provisions of the law herein and the civil society, through sensitization and training actions intended for the public,
  • Periodically evaluating the consecration of the right of access to information by the bodies subject to the provisions of the law herein,
  • Preparing an annual activity report containing the
    necessary suggestions and recommendations for the consecration of the right of access to information, as well as statistical data concerning the number of requests for access to informatio n, the number of appeals, answers and the deadlines relating thereto, its decisions taken and the annual follow-up of their implementations by the bodies subject to the provisions of the law herein,
  • Exchanging experiences and expertise with its foreign counterparts and specialized international organizations and concluding of cooperation conventions in this field.
    The authority submits the annual report to the President of the Republic, the president of the assembly of the representatives of the People and the H ead of Government. This report shall be published to the public on the Web site of the authority. Art. 39 – The heads of the bodies subject to the provisions of the law herein, shall provide the authority of access to information with all the po ssible and essential facilitations for the exercise of its functions.
    Section 2 - Of the composition of the Authority Art. 40 - The Authority is composed of a council and of a permanent secretariat.
    Art. 41 - The Authority council is composed of nine (9) members, as follows:
  • An administrative judge, chairman,
  • A legal judge, vice-chairman,
  • A member of the national council of statistics, member,
  • A university professor specialized in information technology, having a grade of professor of higher education or lecturer, member,
  • An expert in administrative documents and archives, member,
  • A lawyer, member,
  • A journalist, member.
    Official Gazette of the Republic of Tunisia — 29 March 2016 N° 26 Page 268 They shall imperatively justify an experience of at least ten (10) years of effective work, at the date of sub mission of the candidature.
  • A representative of the authority of protection of personal data, having assumed responsibility for a period of at least two (2) years, member,
  • A representative of active associations in fields having link with the access to information, member.
    He shall have occupied a position of responsibility for a period of at least two (2) years, within one of these associations.
    Art. 42 -The candidate to the position of a member of the authority council,shall satisfy the following conditions:
  • To be of Tunisian nationality,
  • Shall not have legal antecedents for intentional crimes,
  • Endowed with the autonomy, transparency and impartiality,
  • Endowed with the experience and competence in the fields related to the subject of access to information.
    Is removed of his mandate, any member having presented erroneous data and will be ineligible for the two following mandates.
    Art. 43 - The H ead of Government appoints the members of the authority according to the following methods and procedures:
  • The call for candidature is open on decision of the chairman of the specialized commission within the assembly of the representatives of the people which shall be published in the Official Gazette of the Republic of Tunisia, fixing the deadline and the methods of deposit of candidatures as well as the conditions to fulfill,
  • The specialized commission within the assembly of the representatives of the people chooses and classifies the three (3) better candidates, for each position, with the majority of three fifth 3/5 of its members by secret vote on the names.
  • Candidates having obtained the greatest number of votes, are retained according to their classification. In the event of equality of votes between a man and a woman, the latter will be retained and in the event of equality of votes between two men, the youngest shall be retained.
  • The president of the assembly of the representative of the people transmits to the general meeting a list comprising the classification of the three (3) best candidates for each position, in order to choose the members of the authority .
  • The general meeting of the assembly of the representatives of the people votes to choose a candidate for each position, by absolute majority of its members and by secret vote.
  • The president of the assembly of the representatives of the people transmits the list of the members of the authority voted by the general meeting, to the H ead of Government who appoints them by governmental decree.
    Art. 44 - The authority members, mentioned in article 41 of the law herein, are appointed for a non renewable mandate of six (6) years.
    Before the performance of their functions, the chairman and the members of the authority take, in front of the President of the Republic, the following oath: "I swear by God, the Almighty, to accomplish my functions with loyalty, honor, independence and to preserve the professional secrecy ".
    45 - The renewal of the composition of the authority is done by half every three (3) years , in accordance with the procedures provided for by the law herein.
    The chairman of the authority notifies to the specialized commission within the assembly of the representatives of the P eople, the list of the members concerned by the renewal and the end date of their mandate, and this, three (3) months before the expiry of their mandate.
    The member whom mandate is expired, continue to exercise their functions within the authority, until the taking up of duties of the new members.
    Art. 46 - Contrary to the provisions of article 45 of the law herein, half of the members of the authority shall be renewed during the first mandate following the end of the third year of this mandate, and this, by drawing of lots according to the procedures and conditions provided for by the law herein. The chairman of the authority is not concerned by the renewal by half. His mandate is six (6) years.
    Art. 47 - Theauthority council exercises the following attributions, object of the first, second and sixth dashes of the law herein. It also ensures:
  • The supervision on the operation of work of the authority,
  • The choice of the general secretary of the authority out of its members. He shall meet the conditions of appointment of a general director of general administration,
  • The designation of an administrative executive among the agents of the authority, who shall be charged of reporting its deliberations,
  • The proposal of the organization chart of the authority,
  • The adoption of the internal regulations of the
    authority,
  • The proposal of the budget draft of the authority,
  • The adoption of the annual report of the authority.
    Art. 48 - The authority is provided with administrative
    departments composed of agents detached from public administrations and recruited agents in accordance with the particular status of the agents of the authority.
    The particular status of the agents of the authority, mentioned at the first subparagraph, is fixed by governmental decree.
    The organization chart of the authority is approved by governmental decree in accordance with a proposal from the authority council.
    Art. 49 - The allowances and privileges of chairman of the authority, of the vice -chairman as well as those of its members, are fixed by governmental decree.
    The chairman of the authority and his vice -chairman are obligatorily required to exercise their functions with full time.
    Section 3 - Of the operation of the Authority Art. 50 - The authority meets following a convocation of its chairman, and this, once every fifteen (15) days and each time when necessary.
    The authority meetings are chaired by the chairman or by the vice -chairman, if necessary. The chairman of the authority proposes and fixes the agenda of meetings.
    The chairman of the authority may i nvite any person whose presence in the meetings is deemed useful having regard to his competence relating to the issues presented in the agenda, and this, without taking part in the vote.
    The deliberations of the authority proceed in closed doors in the presence of the majority of its members, at least.
    In the absence of quorum, a meeting shall be correctly held after half an hour of its appointment whatever the number of the present members is.
    N° 26 Official Gazette of the Republic of Tunisia — 29 March 2016 Page 269 The authority takes its decisions by majority vote of th e votes of the present members.
    The deliberations of the authority and its decisions are consigned in minutes approved by the chairman of the authority and all the present members.
    Art. 51 - It is forbidden to the members of the authority to take part in its deliberations, and this, in the following cases:
  • If they have a direct or indirect interest related to the
    deliberation object,
  • If they took part directly or indirectly in the decision - making object of the meeting. Art. 52 - Any member of th e authority is held to safeguard the professional secrecy in all that is carried to his knowledge of the documents or data or information concerning the affairs within the competence of the authority and not to exploit them at ends other than those required by the attributions which are entrusted to him, even after the expiry of his functions.
    Art. 53 - It is possible to put an end to the functions of the members of the authority before the end of their mandate by governmental decree on a proposal from t he chairman of the authority on the basis of vote by the majority of the votes of the members and after hearing the concerned member, and this, in the following cases:
  • Serious fault relating to the non -observance of professional obligations or the non justified absence during three (3) consecutive meetings or during six (6) non
    consecutive meetings during twelve (12) months,
  • The participation in the deliberations of the authority in the cases mentioned in article 51 of the law herein,
  • The disclosu re or confession of information or of the documents obtained at the time of the exercise of functions within the authority.
  • The loss of one of the conditions of candidacy for the authority.
    Art. 54 - Holidays due to death, resignation, revocation or absolute handicap are noted and consigned by the authority in special minutes which shall be transmitted to the assembly of the representatives of the People to fill them.
    Section 4 - Of the functions of the president of the authority Art. 55 - The cha irman of the authority is its legal representative. He oversees the progress of its work and he exercises, within the framework of the attributions which are entrusted to him, the following prerogatives:
  • The administrative and financial supervision of the authority as well as its agents,
  • The supervision of the development of the annual budget project of the authority,
  • The supervision of the development of the authority annual report.
    The chairman of the authority may also delegate some of his pr erogatives to his vice -chairman or to any member of the authority.
    Section 5 - Resources of the Authority Art. 56 - Financial resources of the authority are made up of:
  • Subsidies allocated by the State,
  • Receipts coming from the activities and services of the authority,
  • Gifts provided to the authority in accordance with the legislation and regulations in force,
  • Other receipts granted to the authority by law or a regulatory text.
    The rules of scheduling and holding the accounts of the authority are subject to the public accounts code.
    Chapter 8 Of sanctions Art. 57 - Is punished of a fine ranging from five hundred (500) dinars up to five thousand (5.000) dinars, anyone who intentionally blocks the access to information within the bodies subject to the provisions of the law herein.
    Is punished by the sanction provided for by article 163 of the penal code, anyone who damages intentionally the information in an illegal way or who incites another person to commit it.
    Art. 58 - Apart from the sanctions provided for by article 57 of the law herein, any public agent not respecting the provisions of the organic law herein, will be object of disciplinary proceedings in accordance with the legislation in force.
    Chapter 9
    Transitional and final provisions Art. 59 - Subject to subparagraph 2 of article 61, the law herein enters into force within a deadline of one year as from the date of its publication in the Official Gazette and it cancels and substitutes, as from this date, the decree-law n° 2011-41 dated 26 May 2011, relating to the access to the administrative documents of public bodies, as amended and completed by the decree-law n° 2011-54 dated 11 June 2011.
    Art. 60 – The public bodies subject to the provisions of the law herein, shall:
  • Carry out an official Web site and publish the guides mentioned in the seventh dash of article 38 of the law herein, within a deadline of six (6) months as from the date of publication of the law herein,
  • Finalize the organization of their archives in a deadline not exceeding a year to the maximum, as from the date of publication of the law herein,
  • Set up and exploit a system of classification of the administrative documents that they hold, in order to facilitate the right to the access to informat ion, and this, within a deadline not exceeding a year as from the date of publication of the law herein,
    Ensure the necessary training as regards access to information, for their agents.
    Art. 61 - The authority begins the exercise of its functions at the latest within a deadline of one year as from the date of publication of the law herein.
    The administrative tribunal continues to rule on the requests for appeal against the decisions of refusal of access to information under its sight before the beginn ing of the authority of its exercise, and this, in accordance with the rules and procedures provided for by decree-law n° 2011-41 dated 26 May 2011, relating to the access to the administrative documents of the public bodies as amended and completed by decree-law n° 2011-54 dated 11 June 2011.
    The organic law herein shall be published in the Official Gazette of the Republic of Tunisia and implemented as law of the State.
    Tunis on 24 March 2016
    The President of the Republic
    Mohamed Béji Caïd Essebsi