The Election of the Président of the Préfecture Council (majlis al amala wa al iklim)
Article 12 stipulates that to be elected president of the prefecture council (majlis al amala):
1: candidate’s name must feature at the lists for candidates that have already won seats. This means that –to abide by democratic principles- the name of the president must feature at the top of those lists rather than at the bottom.
2: the president (being now a candidate aspiring for presidency election) must belong to one of the firstly ranked five political parties. It would not be possible for a person belonging to a party ranked 12 on the list to become the president of the prefecture council (majlis al amala).
3: the candidate aspiring to become the president of the prefecture council (majlis al amala) must file a demand to the mayor (who represents centralized power). The mayor is by law placed in charge of the management of the election process.
This means that a distinction must be made here between the mayor (al amil) and the president of the prefecture council (majlis al amala). The candidate aspiring of presidency at the level of the prefecture council (majlis al amala) could be a phd holder but this is not an essential requirement rather, he could also be just a distinguished commoner
Interestingly enough, the president of the prefecture council (majlis al amala) cannot be at the same time the president of a municipality /communes /arrondissements (jamaa) and the president of a region. To abide for democratic principles, the president of the prefecture council (majlis al amala) cannot be at once president and vice president of the prefecture council (majlis al amala).
4: Should the president of the prefecture council (majlis al amala) wish to get dismissed from his duties, he must present a demand to the mayor (al amil). The demand will be dealt with 15 days after for the sake of finding out a substitute to the dismissed president.
Article 33 places the focus on how the prefecture council (majlis al amala) should be managed. It stipulates that the prefecture council (majlis al amala) and the office will collaboratively establish the prefecture council (majlis al amala) bylaws ( annitham addakhili llmajlis). These bylaws ( annitham addakhili llmajlis) will be the subject of study and voting. The president of the prefecture council (majlis al amala) submits the council bylaws ( annitham addakhili llmajlis) to the mayor (al amil).
The mayor (amil) is also placed in charge of administrative auditing (morakaba idaria). This is to say that should the president of the prefecture council (majlis al amala) commit a misdemeanor/ a breach of the law, the mayor (amil) will pay heed to that. Before 2015, the term wisaya idaria was used to mean administrative auditing (morakaba idaria)
Should a conflict occur between the mayor (al amil) and the prefecture council (majlis al amala), the case is relegated to jurisprudence (al kadaa). In this case, law 112-13-14 is used in light of which conflict can be resolved.
Should the president of the prefecture council (majlis al amala) stop working for any particular reason, the mayor (al amil) will send him a warning note. The reason is that citizens be protected from the consequences of absence. This shows that there is a relation between the mayor (amil) and the president of the prefecture council (majlis al amala)
| About the President of the prefecture council (majlis al amala): Election-Conditions | |
| candidate’s name must feature at the lists for candidates that have already won seats | |
| the president (being now a candidate aspiring for presidency election) must belong to one of the firstly ranked five political parties | |
| the candidate aspiring to become the president of the prefecture council (majlis al amala) must file a demand to the mayor (who represents centralized power). |
foukara 