The National Order of Lawyers of Tunisia (ONAT) has expressed its total rejection of the draft organic law on the profession of notaries, currently examined by the General Legislation Commission of the Assembly of People’s Representatives (ARP).

In a statement published Thursday March 7, 2024, the Bar Association described the current version of the bill as “calling into question” the values and achievements of the Tunisian Republic, as well as constitutional rights, considering it a threat for social stability. ONAT recalled that the bill had been rejected several times by the specialized committees of the Department of Justice, qualifying it as a corporatist demand harming the interests of citizens.

In addition, the Bar Association asserts that the bill unfairly encroaches on the skills of several liberal professions, in particular those in the legal field, and constitutes a threat to the judiciary and the integrity of the judicial system. He considers that this flagrantly undermines the establishment of justice, one of the fundamental principles of law, in particular the principle of adversarial proceedings and the right of access to justice.

Furthermore, the Bar Association stressed that the current bill threatens the economic security of the country, highlighting the need for specialized skills and continuing education, especially in the context of national and international contracts, including electronic.

According to the Bar Association, the project grants notaries powers contrary to the Constitution and the values and principles that have prevailed in Tunisia for decades, in particular the principle of contractual consensualism.