The Tunisian government has introduced new amendments to the decree-law n°13 of 2022, related to conciliation penalties, as published in the Journal officiel de la République tunisienne on September 30, 2026. These amendments aim to modify the conditions for provisional conciliation, including a payment of at least 50% of the due sums under certain conditions. This new text is expected to facilitate the conclusion of provisional agreements while ensuring the settlement of the remaining amount within a specified timeframe.
According to the new article 25, the Commission nationale de la conciliation pénale can conclude a project of provisional conciliation, where the applicant must ensure the payment of at least 50% of the financial sums due. The applicant also commits to paying the remaining amount within a deadline set by the commission, not exceeding two years. The request must be supported by concrete and serious elements presented by the applicant. This new system aims to allow for provisional agreements while framing the conditions for settling the balance.
However, the new text introduces an important nuance, allowing the commission to propose a rate lower than 50% when circumstances justify it and in cases provided by the decree-law. This possibility must be based on specific elements of each file. Therefore, the 50% threshold constitutes the rule, but it can be derogated in certain situations. This flexibility is expected to help adapt to specific cases and facilitate the conciliation process.
The amendments also concern article 30 of the decree-law, which specifies that the revenue from conciliation penalties will be allocated to financing projects mentioned in the first paragraph of this article, in accordance with the decisions of the Conseil de sécurité nationale. These modifications come after the examination of a draft decree-law on September 29, in the Conseil des ministres, regarding the text on conciliation penalties and the allocation of its revenue.
The decree-law n°13 of March 20, 2022, constitutes the legal framework for conciliation penalties. In its previous version, article 25 already provided for a deposit of at least 50% in certain cases of provisional conciliation, but with different modalities and deadlines. The new amendments aim to refine and adapt the conciliation process to better meet the needs of the parties involved.
The new provisions are expected to enhance the effectiveness of the conciliation process in Tunisia, by providing a more flexible and adapted framework for provisional agreements. By allowing for a payment of at least 50% of the due sums, the government aims to encourage parties to opt for conciliation, while ensuring that the remaining amount is settled within a reasonable timeframe.
The implementation of these new amendments will be closely monitored, as they aim to improve the conciliation process and increase the rate of successful agreements. With the decree-law n°13 of 2022 as the foundation, the Tunisian government continues to refine its approach to conciliation penalties, seeking to strike a balance between flexibility and effectiveness.
Key points
- The new amendments require a payment of at least 50% of the due sums for provisional conciliation agreements.
- The commission can propose a rate lower than 50% in certain circumstances.
- The revenue from conciliation penalties will be allocated to financing projects in accordance with the decisions of the Conseil de sécurité nationale.
