The Governor and the Regional Institution in Tunisian Law: Between Distinction and Integration

Abstract

This research paper examines the nature of the relationship between the institution of the governor (as a representative of central authority) and the institution of the region (as an independent local entity) in the Tunisian administrative organization, in light of recent legislative developments, particularly the 2022 Constitution, Organic Law No. 29 of 2018 (Local Communities Code), and Decree No. 10 of 2023. The analysis highlights the structural development of the region after its organizational separation from the governor, enhancing its legal, administrative, and financial independence, alongside the expansion of its powers in local developmental planning. Conversely, it discusses the role of the governor as an enforcer of state centralization and a guarantor of coordination of public policies, despite the decline in his direct influence. Interpretations vary between considering the relationship as contentious (due to the independence of the region) or complementary (as a framework for implementing decentralization under the governor's oversight). The research focuses on the issue of balancing the region's autonomy with administrative oversight, analyzing the legislative texts in their temporal and political context, with the aim of determining the nature of this relationship in the current Tunisian legislation.