The Head of the Presidential Council, Mohammed Menfi, has called on the House of Representatives to refer all laws it has passed since March 15, 2021—the date marking the start of his tenure—to the Presidential Council within the constitutional timeframe, accompanied by session records.
Menfi said that such laws should only be promulgated if they align with the political agreement and are practically implementable by state institutions, in adherence to constitutional provisions and ongoing political accords.
He criticized laws signed off solely by the Speaker of Parliament as violations of both established norms and the Constitutional Declaration. He warned that the Presidential Council will take all necessary constitutional and legal measures to uphold constitutional legitimacy and safeguard the rule of law.
In his letter to the House, Menfi emphasized that since the establishment of modern Libya under the 1951 Constitution, the issuance of laws has always been a function of the executive authority, specifically the head of state. Article 64 of that Constitution, he noted, explicitly stipulates that the King shall issue laws within thirty days of their submission and order their publication.
He further explained that the historical constitutional practice since independence involved either royal decrees or issuance by the justice minister in the name of the King—or later, by the interim head of state during the transitional periods of the National Transitional Council and the General National Congress. In all cases, laws were issued in the capacity of head of state, not in a legislative role.
Menfi stressed that House Speaker Aqila Saleh’s unilateral issuance of laws without following the constitutional process constitutes a clear breach of constitutional legitimacy and undermines a fundamental step in the legislative process.
At the end of April, Menfi issued three presidential decrees: the first suspended the law establishing the Constitutional Court passed by the House; the second outlined the framework for electing a General Assembly for National Reconciliation; and the third established the National Commission for Referendum and Public Consultation, defining its tasks.
In response, Aqila Saleh rejected the Presidential decree suspending the Constitutional Court law, calling it an overreach into the legislature’s authority and “legally null.” He reiterated the need to prioritize the formation of a unified government, stressing that Libyans are in urgent need of basic services such as food, medicine, electricity, education, and salaries—tasks he said fall within the responsibility of the executive branch.
