Tunisia

Exchange of experiences on consumer protection in the banking sector in Tunisia and Germany

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Published: April 12, 2021
Graphics: IRZ
Graphics: IRZ
Tunisia

On 31 March 2021, IRZ organised an exchange of experiences on consumer protection in the banking sector in Tunisia and Germany. The online event was aimed at representatives of the Tunisian Ministry of Justice, the Consumer Protection Organisation, the Central Bank of Tunisia and the Professional Association of Banks and Financial Institutions. A number of judges and lawyers also took part in the exchange of experiences. The event took place as part of the current working programme on legal cooperation between the German Federal Ministry of Justice and Consumer Protection and the Tunisian Ministry of Justice.

Representing IRZ was Jochen Robert Elsen, Deputy Director of the International Division at the German Federal Financial Supervisory Authority (BaFin). The following took part on behalf of the Tunisian project partners:

  • Imed Derouiche, Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice
  • Badii Ben Abbes, Presiding Judge
  • Akrem Barouni, Vice-President of the Tunisian Consumer Protection Organisation (ODC)
  • Raja Gharbi, Head of Communications and Strategic Affairs at the Tunisian Professional Association of Banks and Financial Institutions (APTBEF)
  • Abdellatif Ben Heddia, President at the Tunisian Financial Services Supervisory Authority (OTSF)
  • Hatem Rouatbi, a lawyer and professor in civil law and head of the research department for dispute resolution and enforcement at the University of Tunis El Manar, (ReLèVe)

The process for developing a legal framework for consumer protection has been accelerated in Tunisia over recent years. Advancing digitalisation and the increasing efforts of the state and the financial sector to provide more people with access to the services of formal bank and insurance systems through financial inclusion have also led to a shift in attention to abuse, disinformation and fraud. Until now, the Tunisian banking system and financial products on offer have not been sufficiently consumer-friendly and transparent. The network of consumer advice centres available in Tunisia is still inadequate.

The objective of the exchange of experiences, which marked the first in a series of events on the subject, was to bring more attention to the regulation of financial products in the banking sector in Tunisia and to establish any potential irregularities and the corresponding need for regulations.

The Tunisian partners reported on a requirement to extend consumer protection and the legal regulations that still need to be introduced in this respect (e.g. concerning services in finance and insurance), and pointed out the need for voluntary commitments by banking and financial services providers in Tunisia. They also discussed the unreasonably high fees for financial services and the issue of risky loans exploiting consumers. Clear regulations and supervisory authorities are needed, which would also cover due diligence for banks and financial institutions.

The participants were particularly interested in the possibility of dispute resolution out of court by ombudspeople in the German banking and finance sector, which was presented by the German expert Jochen Robert Elsen. According to the participants, it would also be desirable to set up this kind of arbitration body in Tunisia, especially as consumers are already provided with opportunities for mediation by financial services providers.

The online event was very well attended, with more than 40 participants. Discussions were animated and the participants expressed the desire to continue the dialogue with a follow-up event.

IRZ will therefore continue to develop the cooperation together with the partners mentioned above and to intensify the expert discussions with a view to more transparent and consumer-friendly financial inclusion.

Online conference on “Electronic legal transactions in North Africa” with the German Federal Bar Association

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Published: December 15, 2020
Graphics: IRZ
Graphics: IRZ
Tunisia

Because of the effects of the COVID-19 pandemic in particular, the subject of digitalisation is becoming a focus of attention in the justice system, as it is in many areas of our lives and work. It is against this backdrop that IRZ’s project section for Africa organised a series of events this year on the complex subject of the “Digitalisation of the justice system”. One of these events was the regional conference on “Electronic legal transactions in North Africa,” which took place on 9 December 2020. The online event was organised by IRZ in partnership with the Tunisian Ministry of Justice and the German Federal Bar Association (BRAK). Around forty members of the judiciary from Tunisia, Morocco and Algeria took part in the conference, which was the first in a series of events organised by IRZ and BRAK. The event was financed by the German Federal Ministry of Justice and Consumer Protection.

The full-day online conference covered the following subjects:

  • The current status of the digitalisation of the justice system in Tunisia, Morocco and Algeria
  • Electronic legal transactions in the justice system and in particular in the work of lawyers in Germany
  • Data security in electronic legal transactions
  • Digitalisation in the legal profession and in the administration of justice in Germany

The participants discussed their experiences in these areas in the context of current developments in Germany, Tunisia, Morocco and Algeria. It soon became clear that, despite the different approaches between the countries, similar problems need to be addressed in the digitalisation of the justice system.

The following institutions were represented at the online conference:

  • the bar associations of Tunisia and Algeria
  • the Tunisian chamber of notaries
  • the Ministries of Justice of Tunisia, Morocco and Algeria
  • courts in Tunisia, Morocco and Algeria

All participants in the conference see the digitalisation of the justice system as a great opportunity and they agreed that the process should be accelerated. The COVID-19 pandemic and the closure of almost the entire judicial system in North African countries have demonstrated the urgency of introducing electronic legal transactions. Compared with other areas, electronic legal transactions are still underdeveloped in North Africa: Claims are still submitted in paper form, there is almost no electronic communication between those working in the justice system, and administrators have not received the relevant training.

The judiciary and lawyers therefore work much more slowly than is the case in Germany, for example. With legal transactions being processed in paper form, the closure of courts as a result of the COVID-19 pandemic also had the major disadvantage of making it completely impossible for citizens to access the law, rather than just more difficult. This situation has shaken confidence in the rule of law and made the justice system dependent on physical factors. Digital procedures are therefore essential for a modern justice system.

Lively discussions took place at the conference, underlining the remarkably high level of interest shown by the participants in this complex and topical subject. IRZ plans to continue and intensify its partnership with North African partner countries in the area of e-Justice. The objective is to create a platform for discussing current developments, challenges and successes in the relevant countries and thereby get all those working in the justice system involved.

Exchange of experiences on “Alternative forms of punishment and alternatives to pre-trial custody”

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Published: November 23, 2020
Joining the discussions from the IRZ office in Tunis were: Imed Derouiche (on the right), Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice, and Mohamed Ben Said, a lawyer, university professor and member of the commission for the reform of the Tunisian penal code
Joining the discussions from the IRZ office in Tunis were: Imed Derouiche (on the right), Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice, and Mohamed Ben Said, a lawyer, university professor and member of the commission for the reform of the Tunisian penal code
Tunisia

On 18 November 2020, IRZ organised an online exchange of experiences on “Alternative forms of punishment and alternatives to pre-trial custody”, which was joined by representatives from the Tunisian Ministry of Justice, as well as a number of criminal court judges from various courts in Tunisia. The event took place as part of the current working programme on legal cooperation between the German Federal Ministry of Justice and Consumer Protection and the Tunisian Ministry of Justice.

The following experts took part on behalf of IRZ:

  • Andreas Stüve, Senior Public Prosecutor at the Düsseldorf Public Prosecutor’s Office
  • Pascal Décarpes, criminologist and international consultant on criminal justice and prison management

The following took part on behalf of the Tunisian project partner:

  • Imed Derouiche, Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice
  • Mohamed Ben Said, a lawyer, university professor and member of the commission for the reform of the Tunisian penal code
  • Dr. Farid Ben Jeha, presiding judge at the Court of Appeal in Monastir

The penal code in Tunisia has been undergoing a fundamental and comprehensive reform programme since 2014. The reforms include better protection of human rights in Tunisian criminal law, with a firm commitment from Tunisia in the form of the ratification of a large number of international human rights treaties. The reform process also aims to introduce more efficient processes and develop alternative penal sanctions, in order to reduce the workload of the courts and public prosecutors and relieve the increasing overcrowding of Tunisian prisons. The online exchange of experiences also addressed this aspect.

The Tunisian partners reported on the plans for wide-ranging new provisions in Tunisian criminal law, covering the definition of criminal offences and the prosecution and sentencing of offences, which are to be introduced as part of the current reform process. The presentation of experiences from the German criminal justice system highlighted the increased efficiency of criminal proceedings, sentencing and alternative penal sanctions, with the aim of limiting pre-trial custody and avoiding prison sentences. The alternative penal sanctions applied in Germany, such as fines and probation, are already used to some extent in Tunisia. They will, however, need to be developed further in the framework of the reforms in criminal law. It was in these areas in particular that the Tunisian partners were able to gain some valuable inspiration during the exchange of experiences and the Tunisian Ministry of Justice expressed its thanks to IRZ in this respect.

IRZ will therefore continue and intensify its cooperation with the Tunisian justice system in the field of alternative sanctions.