Libyan Association for Judicial Agencies Members: HoR constitutional court's bill is a violation

Libyan Association for Judicial Agencies Members: HoR constitutional court's bill is a violation

December 07, 2022 - 20:32
Posted in:
Written By: AbdulkaderAssad

The Libyan Committee for Judicial Agencies Members said the House of Representatives' (HoR) action regarding establishing a constitutional court was a serious legislative violation that the HoR used to infiltrate the judicial authority by disrupting the work of the Constitutional Circuit Court of the Supreme Court through an unconstitutional law.

In a statement on Facebook, the Association indicated that what the HoR members did was a violation of the new law of Article 33 of the Interim Constitutional Declaration and all international constitutions and covenants that confirm that the right to litigation is guaranteed to all, explaining that the right to litigation in the law established by the HoR is only via the Speaker or ten of the members or the Prime Minister or ten of the ministers. They said this in itself was a clear restriction of the right of every citizen with an interest to the right to litigate and challenge the unconstitutionality of defective laws.

The Association called on the Judicial Assembly in the Constitutional Circuit Court to address this dangerous legislative violation, urging the Supreme Court and the Supreme Judicial Council to refuse to implement this law and not to nominate any of the judiciary members for membership in the newly-established court.

It also said that the enforcement of the law may cause division in the country by placing the headquarters of the Constitutional Court in Benghazi because the current headquarters of the Constitutional Circuit Court is in Tripoli and its headquarters, according to the draft constitution, is in Sebha, adding that through the law, the judiciary or political conflict may be divided to the place of the Constitutional Court.

The Association added that the purpose of this law is to disrupt the consideration of constitutional appeals currently submitted before the Constitutional Circuit Court, especially after it had announced the resumption of its work, calling on all civil society organizations of the Libyan people to confront what it called “the scheme through which the HoR seeks to fortify its laws and prolong its term in power."