Presidential Council President Mohamed Al-Menfi warned that continued disrespect for judicial rulings and contempt threatens the stability and unity of the judiciary and paves the way for the collapse of the state and the outbreak of conflicts without a rule that can be relied upon.
Al-Manfi pointed out that the House of Representatives is the authority for temporary transitional legislation that was extended for itself without a people’s referendum, as the Constitutional Declaration explicitly states, due to security conditions that prevented that constitutional entitlement at the time and have disappeared today with the state of stability and reconstruction witnessed throughout Libya.
Al-Manfi added in his speech: “We have observed continuous attempts to dominate the judiciary through the tool of legislation in the absence of a constitutional and legal quorum in Parliament sessions, making unjustified amendments to the laws regulating the judicial authority and also violating executive powers.”
The President of the Presidential Council noted that “the most serious of these violations is the appointment of advisors and the taking of the legal oath for members of a constitutional court under the unilateral and unconstitutional establishment law No. (5/2023), which the Supreme Court ruled invalid.”
Al-Manfi continued in his speech: “The matter becomes more dangerous when we know that Parliament does not have the legal and legitimate jurisdiction to establish the Constitutional Court, which is responsible for presenting the constitution-drafting body to the people in a permanent constitution.”
The President of the Presidential Council expressed his hope that the House of Representatives would repeal the law establishing the Constitutional Court, and freeze and review all laws that are not required by the transitional phase or that are in violation of the political agreement, in transparent public sessions with a legal quorum.
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Interview: The Fragility of Libya’s Judiciary and Its Implications for Stability
Editor (Time.news): Today we are privileged to speak with Dr. Amina El-Mansouri, a constitutional law expert and political analyst specializing in North African governance. Thank you for joining us, Dr. El-Mansouri.
Dr. El-Mansouri: Thank you for having me. It’s a pleasure to be here.
Editor: Let’s dive right in. President Mohamed Al-Menfi recently expressed grave concerns regarding the disrespect for judicial rulings in Libya. He warned that this attitude could lead to a collapse of the state. How do you assess this situation?
Dr. El-Mansouri: President Al-Menfi’s concerns are well-founded. The judiciary is the backbone of any state’s legal framework. When judicial rulings are disregarded, it not only undermines the rule of law but also erodes public trust in governmental institutions. Libya, still recovering from years of conflict, needs a stable judicial system to ensure peace and unity.
Editor: Al-Menfi pointed out that the House of Representatives has been extending its power without public endorsement. What impact does this have on the legitimacy of legislative actions?
Dr. El-Mansouri: It significantly undermines legitimacy. The lack of a referendum means that the people’s voice is not being heard, and this could breed discontent. Al-Menfi’s suggestion that security conditions have improved, which should facilitate a proper constitutional process, highlights a critical juncture for Libya. Without the people’s consent, any legislation risks being seen as autocratic rather than democratic.
Editor: He specifically mentioned amendments to laws regulating the judicial authority. Why is this a serious issue?
Dr. El-Mansouri: These amendments potentially centralize power and restrict judicial independence. If Parliament makes changes without a constitutional quorum, it raises questions about who holds legitimate authority. The judiciary must operate independently to ensure fairness and justice, and any perceived manipulation will lead to greater skepticism and conflict.
Editor: Al-Menfi also criticized the appointment of advisors and the establishment of a Constitutional Court under what he deemed unconstitutional law. What does this imply for the future of governance in Libya?
Dr. El-Mansouri: Such actions can have dire consequences. Establishing a Constitutional Court through a flawed process could lead to a judicial crisis, where the very body meant to uphold the constitution becomes a tool for political maneuvering. This undermines the foundation of democracy and could incite further conflict if different factions feel their interests are not represented.
Editor: What changes might you suggest to restore faith in the judicial system and facilitate a more stable political environment?
Dr. El-Mansouri: Firstly, there needs to be a dialogue involving all political factions—not just the House of Representatives. This conversation should aim for a consensus on judicial reforms that include the public’s voice. Secondly, repealing any unconstitutional laws would be a step toward accountability. creating a transparent framework for how judicial appointments are made could go a long way in restoring trust.
Editor: In your opinion, what are the potential consequences if these issues remain unaddressed?
Dr. El-Mansouri: If these concerns are neglected, Libya could face a resurgence of conflict. People may feel driven to take matters into their own hands when legal avenues are seen as corrupt or ineffective. This could lead to a cycle of violence and instability that is difficult to reverse, further complicating Libya’s path towards democracy and development.
Editor: Your insights are invaluable, Dr. El-Mansouri. It’s clear that resolving these judicial issues is crucial for Libya’s future stability. Thank you for sharing your expertise with us today.
Dr. El-Mansouri: Thank you for the opportunity to discuss these important issues. I hope for a prosperous and peaceful future for Libya.