Recourse sought to declare the unconstitutionality of Articles 1, 10, 12, 13 and 14 of the draft law on the production of electricity from renewable energies because of:

• disrespect by the draft law of State’s sovereignty and the principle of continuity of public services
• disrespect of the rules of transparency
• disrespect of the Articles 12 and 13 of the Constitution (private persons’ investment, natural resources)
• disrespect of the Articles 41 and 45 of the Constitution (public domain and authorisation)

Analyse of the recourse:

• Constitutionality of Article 1: Article 1 of the draft law is not contrary to Articles 10, 12 and 15 of the Constitution: the expression "Bisarf Ennadhar" in this article does not refer to a repeal of the decree-Law No 62-8 but rather the maintenance of its application, with the possibility of opening up the market for the production, marketing and export of electricity from renewable energies to new operators, at the same time the activities of the public operator in this area, namely STEG
• Unconstitutionality of Articles 10, 12 and 13 of the Draft in relation to the Article 13 of the Constitution: indeed,  the renewable energy sources mentioned by the draft law as part of the natural resources referred to in Article 13 of the Constitution, which refers to all of these resources in a general way and absolute, are not in accordance with Article 13 of the Constitution, insofar as they have not provided for the submission of contracts of investment in the matter to the Special Committee of the Assembly of People's Representatives, or the submission of the relevant Conventions to the Assembly for approval
• Constitutionality of Article 14:  the authorization to produce electricity on public or private plots does not affect the right of ownership granted to the State and individuals. 

Therefore, the Court accepts the admissibility of the appeal and declares the unconstitutionality of Articles 10, 12 and 13 of the draft law, in that they did not provide for the submission of investment contracts in this area to the Special Committee of the Assembly of People's Representatives, nor to the Conventions relating thereto for the approval of the Assembly of People's Representatives.

Décision n° 2015-1 de l’IPCCL du 27 avril 2015 relative à la décision n° 2014-6 rendue à propos du projet de loi sur la production d’électricité à partir des énergies renouvelables (version modifiée-révisée) (JORT n° 37 du 8 mai 2015, p 1235 – version arabe seulement) traduction non officielle

Modification of the articles:  Articles 10, 12 and 13 (new) of the draft law on the production of electricity from renewable energies have been submitted to the Assembly of People's Representatives in the framework of a second deliberation and the Court has declared the constitutionality of these articles as they now  include the submission of contracts for the sale of surplus electricity generated from renewable energies, renewable electricity production and sales contracts, and investment contracts for electricity  production projects from renewable energies to meet the needs of local consumption (domestic) to the Special Committee of the Assembly of People's Representatives, as well as the submission of related conventions to the approval of the said Assembly.