Legal committee deems Council decrees unconstitutional
Legal committee declares Presidential Council's decree-laws unconstitutional
The Legal Advisory Committee of Libya's House of Representatives has issued a statement rejecting the Presidential Council's issuance of decree-laws, declaring they have no constitutional or legal basis.
The committee states that the presidential decrees were issued outside Libya and without proper meetings of the full Presidential Council, constituting what they describe as a violation of both the Council's internal regulations and national sovereignty.
According to the statement, the Seventh Constitutional Amendment of 2014 postponed the election of a president and assigned sovereign powers to the House of Representatives until a legitimate president could be elected. The committee emphasises that this amendment did not grant the Presidential Council any legislative authority.
The committee further notes that both the Skhirat and Geneva Agreements specifically limited the Presidential Council's powers to administrative tasks without conferring legislative or presidential powers.
The committee has declared the presidential decrees invalid due to the absence of constitutional or legal texts authorising their issuance by any entity other than the legislative authority.
These decrees have been referred to judicial authorities for review and to determine whether they constitute criminal offences or threaten the unity or integrity of the state.
The committee reaffirmed the House of Representatives' position that the Presidential Council's term has expired and it is ineligible to continue performing its duties.
It called for adherence to the consensual political process and acceleration of steps to unify the executive branch, leading to presidential and parliamentary elections.
According to the information provided, Presidential Council Chairman Mohamed Al-Menfi has referred minutes of a meeting regarding a second batch of presidential decrees to Representatives Al-Koni and Al-Lafi for signature.
On 30 April, the Presidential Council issued a decree repealing the House of Representatives' law establishing a Supreme Constitutional Court in Benghazi, stating that the Presidential Council would assume powers to issue necessary decisions to protect the political process and ensure compliance with final judicial rulings issued by the Supreme Court.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Libyan Express
6 days ago
- Libyan Express
Economist notes points in Central Bank of Libya report
Central Bank of Libya Headquarters Economic analyst Mukhtar Al-Jadid stated that the Central Bank of Libya's report issued yesterday contains notable points requiring attention and analysis, though he postponed detailed discussion until after the Eid al-Adha holiday. In a Facebook post, Al-Jadid observed the inclusion of fuel expenditure figures for the first time in four years, noting this indicates the conclusion of the barter system previously in use. Al-Jadid linked the appearance of the fuel bill data to activities by advocates and individuals focused on public affairs through media and social media channels. He acknowledged their role in highlighting the matter. The analyst recognised those who participated in discussions about financial transparency and called for continued attention to such matters. The Central Bank of Libya operates within Libya's current political framework, with various institutions providing oversight of its functions. The views expressed in Op-Ed pieces are those of the author and do not purport to reflect the opinions or views of Libyan Express. How to submit an Op-Ed: Libyan Express accepts opinion articles on a wide range of topics. Submissions may be sent to oped@ Please include 'Op-Ed' in the subject line.
Libyan Express
6 days ago
- Libyan Express
Sabratha residents confined to homes amid armed confrontations
BY Libyan Express Jun 06, 2025 - 15:37 Updated: Jun 06, 2025 - 15:38 Former Libyan UN Security Council Ambassador Ibrahim al-Dabbashi Fighting broke out in the western city of Sabratha during Eid prayers, according to former Libyan UN Security Council Ambassador Ibrahim al-Dabbashi. In a Facebook post, al-Dabbashi stated that religious observances were interrupted when 'the takbir (saying 'Allahu Akbar') stopped in the mosque, the sound of bullets and RPGs increased, and armoured vehicles were deployed between the houses and around the mosque.' Al-Dabbashi reported that residents of Sabratha were required to remain in their homes, resulting in the cancellation of Eid prayers and celebrations. The former ambassador said the clashes involved armed groups and cited vendettas, revenge, and disputes over financial gains as underlying factors. He described the groups as receiving funding from governing authorities while claiming loyalty to them. Al-Dabbashi noted an increase in young casualties and called for an end to violence and national unity. Sabratha is located approximately 70 kilometers west of Tripoli. The views expressed in Op-Ed pieces are those of the author and do not purport to reflect the opinions or views of Libyan Express. How to submit an Op-Ed: Libyan Express accepts opinion articles on a wide range of topics. Submissions may be sent to oped@ Please include 'Op-Ed' in the subject line.
Libyan Express
28-05-2025
- Libyan Express
HoR hears from prime ministerial candidates
Parliamentary session held for prime ministerial candidates Libya's House of Representatives convened on Tuesday to hear presentations from 12 candidates seeking to become the next prime minister. The session, chaired by Speaker Aguila Saleh, marked a significant step in efforts to form a new unified government and move towards national elections. At the opening of the session, the House's rapporteur clarified that the acceptance of the candidates was provisional, with the day's agenda limited to the presentation and discussion of each candidate's proposed programme. Speaker Saleh used the opportunity to publicly criticise the continued absence of a large number of MPs, some of whom, he said, had not attended sessions in over a year. He suggested that disciplinary measures — including salary suspension or revocation of membership — could be introduced to address chronic absenteeism. Saleh also announced that the House will soon schedule a separate session to formally select a new prime minister. He added that representatives from the United Nations Support Mission in Libya (UNSMIL), along with ambassadors from several countries, would be invited to attend as observers, to help ensure transparency and build international confidence. The Speaker reiterated his hope that the House would garner both domestic and international support in advancing the electoral process and establishing a new government. He stressed that both the House of Representatives and the High Council of State are committed to holding elections and responding to the will of the Libyan people. According to Saleh, all 12 candidates had received endorsements from over 100 members of the House and a similar number from the State Council — a claim that aligns with reports of coordinated efforts between the two bodies to facilitate political transition. Despite ongoing concerns over absenteeism, Saleh stated that proceedings were moving forward positively. 'Things are proceeding well,' he said, acknowledging that the issue of attendance remained a 'sensitive and important matter'. However, not all political actors are aligned with the process. In recent statements, incumbent Prime Minister Abdul Hamid Dbeibah denounced the nomination effort as 'illusory', accusing the House of attempting to prolong the transitional period instead of facilitating elections. The UN has since announced the formation of an advisory committee to propose a roadmap out of the political deadlock, reinforcing international efforts to break the impasse. The House's deliberations come at a time of increasing pressure, both locally and internationally, to unify Libya's fragmented institutions and lay the groundwork for long-delayed national elections.
