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As soon as an agreement was signed to resolve the issue of the Central Bank of Libya, a new crisis reared its head on the public scene in the country, related to the Constitutional Court approved by the House of Representatives, and the questioning of its constitutionality by active political forces.
The Presidential Council called on the House of Representatives to “reconsider the draft law on the Supreme Constitutional Court, cancel its unilateral decisions, and return to political dialogue,” considering that issuing the law at this time “deepens the state of political impasse,” after the members of the new court took the legal oath at its headquarters. Office of the House of Representatives in Benghazi. In the context of what it considered its commitment “to strengthen political stability, support the rule of law, and emphasize the importance of preserving the independence of the judiciary and ensuring the balance of powers,” the Presidential Council stressed “that the legislative process in the Libyan state must be based on firm constitutional and legal foundations that take into account the country’s best interest.” He stressed that “any legislation should be driven by urgent, necessary needs, and not be a means to achieve limited or factional interests.”
minute stage
The Presidential Council said in a statement 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 based on it,” pointing out that “it was not presented to the Constitutional Chamber of the Supreme Court, which appealed.” “She works and performs her role efficiently.”
He added: “The timing of issuing this law at this delicate stage raises concern, as it would deepen the existing political impasse and increase the complexity of the national scene,” noting that “the draft as proposed gives the House of Representatives broad powers related to forming the court and selecting its members, which It strengthens the Council’s influence over the judiciary and weakens the balance of powers in the country.” He continued, “This situation would strengthen the position of the House of Representatives vis-à-vis other political parties,” warning that it “may limit the chances of reaching a comprehensive political settlement based on consensus.” This contradicts the goals of the transitional period, which requires political flexibility and a serious effort to achieve national reconciliation.”
Unconstitutionality
The Presidential Council stated that “the Supreme Court had previously issued a ruling ruling that the law issued regarding the establishment of the Constitutional Court was unconstitutional,” noting that it was “a judicial ruling that must be respected by everyone, which calls for caution in issuing any similar legislation,” calling on all political and legal parties. To exercise a spirit of national responsibility, and work to protect the independence of the judiciary and ensure the balance of powers in a way that serves the interests of the nation and the Libyan people, stressing that cooperation among all is the way to achieve stability and move the political process forward.
While the Speaker of the House of Representatives, Aguila Saleh, said that the establishment of a constitutional court is a confirmation of what was included in Articles 138 to 145 of the draft constitution, which was approved by the members of the Constitutional Track Committee formed by the House of Representatives and the Supreme Council of State, and no one objected to it, and that this The consensus confirms everyone’s desire to establish a constitutional judiciary that protects rights and freedoms. Members of the State Council considered that they do not recognize the decision, consider it invalid, and adhere to the ruling issued by the Supreme Court declaring the constitutional court unconstitutional.
For its part, the National Institution for Human Rights in Libya expressed its refusal to activate the step to establish a supreme constitutional court in Benghazi, and considered this an “unconstitutional” act, and attributed this to the fact that the law establishing the court “was ruled unconstitutional,” calling on members of all judicial bodies, regardless of Their roles and positions, to “adhere to the unity of the judiciary, defend its independence, and not allow interference in its affairs.”
In December 2022, the House of Representatives issued a decision to create a 13-member Constitutional Court based in Benghazi, and at the end of March 2023, it approved a law establishing the Supreme Constitutional Court, with the powers of the Constitutional Chamber in the Supreme Court in Tripoli being transferred to it, which in turn rejected the decision and ruled it unconstitutional.
