A debate between Parliament and the Presidential Council regarding the establishment of the Constitutional Court

by times news cr

The House of Representatives expressed its rejection of what was stated in the Presidential Council’s statement regarding the establishment of a constitutional court in Benghazi, indicating that its establishment has justifications at the current stage, as he put it.

The House of Representatives statement justified the establishment of the Constitutional Court by the disruption of the Constitutional Chamber since 2014, despite the presence of dozens of appeals that the court will have jurisdiction to consider, calling on the Presidential Council to respect the law issued by it as an elected legislative authority.

The representatives’ statement described the ruling of the Constitutional Chamber of the Supreme Court invalidating the law establishing the court as being equal or null, because the law was challenged before it was originally issued, according to the text of the statement.

In its statement, Parliament considered that the Presidential Council had failed miserably in its assigned tasks and had not fulfilled its duties exclusively specified by the political agreement, the most important of which was national reconciliation.

The Council affirmed its keenness on the immunity and independence of the judiciary, noting that the Presidential Council does not have the jurisdiction to comment on the work of the House of Representatives, unlike the Council, which came from a political agreement, according to his statement.

The Presidential Council had considered that the draft law establishing the Supreme Constitutional Court, as proposed by Parliament, would lead to a change in the Libyan judicial system that has prevailed since its independence, without a text in the Constitutional Declaration to rely on, according to him.

The Presidential Council affirmed that the ruling that the law establishing the Constitutional Court was unconstitutional is a judicial ruling that must be respected by everyone, calling for caution in issuing any similar legislation.

The Presidential Council indicated that the project, as proposed, gives the House of Representatives broad powers related to forming the court and selecting its members, which the Council considered to strengthen the Council’s influence over the judiciary and weaken the balance of powers in the country.

Source: House of Representatives “statement” + Presidential Council “statement”


2024-10-03 05:13:10

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