Tunisia's municipal landscape is set to undergo significant changes with the introduction of a new decree, number 4 of 2026, which aims to reorganize the country's municipal councils. The decree, published in the Journal officiel de la République tunisienne on September 30, 2026, outlines a new framework for the organization, composition, and functioning of municipal councils. According to Sami Raïs, president of the Commission de l'organisation de l'administration at the Assemblée des représentants du peuple (ARP), the new decree marks a departure from the Code des collectivités locales of 2018.
The Code des collectivités locales of 2018, adopted under the 2014 Constitution, enshrined the principle of free administration of local collectivities. However, the new decree introduces procedures for controlling and approving certain decisions made by municipal councils. Specifically, some decisions will require approval from the governor or will only come into effect after a certain period has elapsed. Sami Raïs notes that these provisions may limit the maneuverability of municipal councils and reintroduce certain administrative supervision mechanisms.
The new decree consists of 140 articles divided into nine titles, covering aspects such as the general framework for organizing municipal councils, their composition, missions, functioning, and financial resources. The decree also establishes rules for public services, control, inspection, and litigation. Its provisions will come into effect after the proclamation of the final results of the first municipal elections held after its publication. Until then, the 2023 decree on the dissolution of municipal councils remains applicable.
One of the key innovations of the new decree is the creation of a conciliation commission specialized in municipal disputes. This commission aims to bring citizens closer to the administration and facilitate the resolution of disputes related to municipal services. Additionally, the decree provides for the organization of regional meetings between municipal councils, which will present reports on issues such as cleanliness, service quality, and other municipal affairs to the governors.
The decree also addresses the status of general secretaries of municipalities, with provisions related to their remuneration and strengthened ties to the Ministry of the Interior. According to Sami Raïs, this aims to reduce the direct pressures these officials may face from municipal council presidents. Furthermore, the decree highlights the role of the municipal police force in preserving cleanliness, protecting the environment, and combating anarchic construction.
On the financial front, the decree sets a calendar for modernizing municipal accounting. The adoption of double-entry accounting is planned for 2030, while analytical accounting is to be implemented by 2032. Sami Raïs believes that this evolution will enable municipalities to better evaluate their assets and determine the cost of services provided, ultimately improving resource management and decision-making.
Sami Raïs has also downplayed the risk of significant overlap between the competencies of municipal councils and local councils. He explained that municipal councils are primarily responsible for projects within their municipalities, while local councils focus on public projects under state institutions, such as ministries. However, Raïs acknowledged that the transitional situation in municipalities since 2023 requires more than just the adoption of a new legal text to be resolved.
Key points
- The new decree introduces procedures for controlling and approving certain decisions made by municipal councils.
- A conciliation commission specialized in municipal disputes is established to bring citizens closer to the administration.
- The decree sets a calendar for modernizing municipal accounting, with double-entry accounting planned for 2030.
