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Statement of the Libyan Presidential Council on the draft law establishing the Supreme Constitutional Court

Pulbished on:

Tripoli, September 27, 2024 (LANA) - The Libyan Presidential Council called on the House of Representatives yesterday, Thursday, in a statement, to cancel the draft law establishing the Supreme Constitutional Court.

The Council stressed in its statement the need to consult with the rest of the national institutions, including the Supreme Council of State, as the same applies to the Constitutional Court as it applies to the highest sovereign positions in the country, in accordance with what was stipulated in the Skhirat Agreement.

The Council stressed that the draft law establishing the Supreme Constitutional Court, as it is currently proposed, leads to a change in the prevailing Libyan judicial system because it has not been presented to the Constitutional Chamber of the Supreme Court and there is no text in the Constitutional Declaration to rely on it.

The statement added that the Supreme Court had previously issued a ruling declaring Law No. (4) and (5) regarding the establishment of the Constitutional Court unconstitutional, which is a judicial ruling that must be respected by all.

The Council pointed out that the timing of issuing this law at this critical stage raises concerns as it is likely to deepen the current political deadlock and increase the complexity of the national scene.

 The Council noted that the draft law, as proposed, grants the House of Representatives broad powers related to the formation of the court and the selection of its members, which enhances the Council’s influence over the judiciary and weakens the balance of powers in the country. The Council concluded its statement by calling on all political parties to show a sense of national responsibility and work to protect the independence of the Libyan judiciary and ensure the balance of powers in a way that serves the interests of the country and the Libyan people.