صحافة بلادي صحيفة إلكترونية مغاربية متجددة على مدار الساعة تعنى بشؤون المغرب الجزائر ليبيا موريتانيا تونس
The debate over constitutional powers and the independence of the judiciary has returned to the forefront in Libya, against the backdrop of an unprecedented escalation in the judicial scene, in a context characterized by continued political division and a faltering transitional path. These developments have raised local and international concerns about their potential repercussions on the unity of institutions and the stability of the state.
In this context, the Speaker of the House of Representatives, Aguila Saleh, considered, during an official session of the House, that oversight of the constitutionality of laws has become an urgent necessity, in light of the increasing number of legislation and their complexity. He stressed that the House of Representatives has the authority to regulate the judicial authority, stressing that this does not constitute, according to his statement, interference in the work of the judiciary or a violation of its independence.
The Speaker of the House of Representatives explained that the mandate of the Supreme Court to consider the constitutionality of laws has ended, considering that some rulings issued by its constitutional department contributed to deepening the political division, especially the ruling related to the unconstitutionality of Paragraph 11 of Article 30 of the Constitutional Declaration. He also stated that the President of the Supreme Court is a party to some files, which, according to his opinion, requires his suspension from work.
Aguila Saleh stressed that the solution to the Libyan crisis is through electing a new president for the country, considering that the establishment of an independent constitutional court does not conflict with the principle of separation of powers, but rather aims to organize oversight of the constitutionality of laws, ensure the unity of the legal system, protect rights and freedoms, and prevent any abuse in the exercise of power.
On the other hand, the United Nations Support Mission in Libya expressed its concern about the escalating dispute related to the constitutional judiciary, warning that the continuation of this dispute constitutes a threat to the unity, independence and integrity of the judiciary, which is one of the basic pillars of the establishment of the state. The mission called on all parties to exercise self-restraint and avoid any actions or statements that might deepen the division within the judicial institution, stressing the importance of dialogue and consensus.
For its part, the General Assembly of the Supreme Court rejected the statements of the Speaker of the House of Representatives, and considered them an attack on the independence of the judiciary and the reputation of its leadership. It affirmed that the House of Representatives, according to the Constitutional Declaration, is considered a temporary authority, and that its legislative jurisdiction remains linked to the requirements of the transitional period, and does not extend to the establishment of a constitutional court as it is an inherent constitutional matter.
The Supreme Court denied the allegations that all laws issued by the House of Representatives were unconstitutional, explaining that the number of legislation that it ruled unconstitutional did not exceed ten laws in eleven years. It confirmed that it will continue to exercise its oversight role and open the door to constitutional appeals, in order to protect rights and freedoms and preserve the principle of the rule of law.
In turn, the National Unity Government announced its support for the position of the Supreme Court, considering that any attempts to influence its work represent a violation of the Constitutional Declaration and the principles of the state. She warned of the dangers of exceeding constitutional powers, as this could have repercussions that could return the country to a state of instability, calling on the international community to follow up on these developments and support the independence of the Libyan judiciary.
Source:My press
