The Presidential Council said that the draft law establishing the Supreme Constitutional Court, as it is currently proposed, leads to a change in the Libyan judicial system that has prevailed since its independence without a text in the Constitutional Declaration on which it is based, he said.
The Presidential Council added in a statement that the draft law establishing the Supreme Constitutional Court was not presented to the Constitutional Chamber of the Supreme Court, which has resumed its work and is performing its role “with full efficiency,” recalling that the Supreme Court had previously issued a ruling ruling that Law No. 4 and 5 regarding the establishment of the Court were unconstitutional. Constitutional Court.
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 considered that the timing of issuing this law at this delicate stage is worrying, and would deepen the existing political impasse and increase the complexity of the national scene, according to its statement.
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.
The Presidential Council also pointed out that this situation would strengthen the position of the House of Representatives vis-à-vis other political parties and limit the chances of reaching a comprehensive political settlement based on consensus, which conflicts with the goals of the transitional phase, which require political flexibility and a serious pursuit of national reconciliation, he said. .
He called on the Council to agree and reconsider the project. Pointing out that the best way to address these issues is through comprehensive national dialogue and consensus between all political parties.
He also called on the House of Representatives to return to political dialogue, cancel its unilateral decisions in particular, and reconsider the aforementioned draft law, taking into account the need to consult with the rest of the national institutions, including the Supreme Council of State. Because what applies to the highest sovereign positions in the country applies to the Constitutional Court, according to what was stipulated in the Skhirat Agreement, according to the statement.
The Presidential Council explained that the continuation of the work of the Constitutional Chamber of the Supreme Court provides a real guarantee for the independence and impartiality of the judiciary, and fulfills the purpose required at this stage: without the need to establish a new body that may be vulnerable to political influences.
The Presidential Council called on all political and legal parties to exercise a spirit of national responsibility, work to protect the independence of the judiciary, and ensure a balance of powers in a way that serves the interests of the nation and the Libyan people.
Source: statement
2024-09-29 11:10:07