Libya 2016 Draft Constitution - Page 4 of 13

Table of Contents

CHAPTER THREE. System of Governance

Legislative Authority

Article 77. The Shura Council

The legislative authority in the Shura Council shall be made up of two assemblies: the House of Representatives and the Senate.

The Shura Council shall have the authority to enact legislation, to ratify State public policy, the public plan for economic and social development, and the public budget for the State, to exercise control over the works of the executive branch, and that which is described in the Constitution.

PART I. The House of Representatives

Article 78. Forming the House of Representatives

The House of Representatives shall be composed of a number of members elected by general, free, confidential, and direct election in accordance with the standard population with consideration for the geographic criterion in a manner that guarantees equal representation for voters. No one under the age of eighteen years old shall be permitted to vote under the provisions of the electoral law.

Article 79. Membership of the House of Representatives

The candidate for membership in the House of Representatives shall be: Libyan; Muslim; shall not carry another citizenship; shall enjoy his/her civil and political rights; shall hold a bachelor’s degree or its equivalent; shall not be younger than twenty five years old on the day of candidacy; and any other conditions the law determines.

Article 80. Term of the House of Representatives

The term for the House of Representatives shall be four years starting on the first day of the first session. The election of the new council shall be held during the ninety days prior to the expiration of the council.

Article 81. Presidency of the Council

The Council shall convene its first sessions under the presidency of the oldest member, and the youngest shall be the rapporteur. During the first sessions, members shall elect the President and two vice presidents. Council elections for presidency of the House of Representatives shall be held every two years.

Article 82. Presence Quorum and Voting

Council sessions shall not be considered valid without the presence of at least the absolute majority of its members. Decisions shall be reached with the absolute majority of members when proposed legislation and bills are being considered, taking into account the other cases stipulated by the Constitution.

The Council shall take the necessary measures to set bylaws ensuring the regulatory attendance of its members.

Article 83. Proposals and Draft Legislation

Each draft law from the Head of State or the Prime Minister shall be sent to the concerned committees in the House of Representatives for review so to reach a decision and submit it therein to the Council within one month of the day it was received. Draft legislation presented by at least ten representatives and in agreement with Article 51 shall be sent to the concerned committees for review within a period not to exceed 60 days. In the case of its rejection, the decision shall be substantiated. Proposals shall advance before draft legislation if the legislature is congested.

Article 84. Issuing and Publishing the Laws

If the House of Representatives ratifies a proposal or draft legislation, then it must proceed to the Head of State within a maximum period of seven days for his enactment and publication in the official newspaper, which shall take place within a period not to exceed fifteen days from the date of its ratification. If the President of the Republic does not publish the law, then it is upon the President of the House of Representatives to issues and publish it with his signature.

The new legislation shall become legally effective two days after the date it was published, unless stated otherwise.

If the president sends the legislation that has been ratified back to the Council for amendments, the Council shall ratify it with or without his amendments within fourteen days with the absolute majority of its elected members.

Article 85. Inquiry and Hearing

Each member of the Council shall address inquiries to the Prime Minister or ministers and their request for questioning is in accordance with the internal procedures of the Council.

PART II. The Senate

Article 86. Forming the Senate

The Senate shall be composed of seventy-two members chosen by general, free, confidential, and direct poll by way of individual election where no voter shall be less than eighteen years old. Representation in the Senate shall similar to the election of a constituent body, taking into account the geographic balance in the distribution of seats inside each electoral district.

Article 87. Membership of the Senate

Membership to the Senate shall be the same conditions for membership to the House of Representatives, and the nominee shall not be younger than forty years old on the day of his candidacy.

Article 88. Term of the Senate

The term of the Senate shall last six years beginning from the first day of the first session. A member may not be reelected for more than two election cycles. Elections for the new Senate shall be held during the ninety days prior to the expiration of the Council.

Article 89. Presidency of the Council

Article 90. Presence Quorum and Voting

Council sessions shall not be considered valid except with the attendance of the absolute majority of its elected members. Decisions shall be made on matters stipulated in Articles 50 and 51 with the exact majority, not to be less than six members from each electoral district. The Council shall take the necessary measures to set internal rules of procedure ensuring the regulatory attendance of its members.

Article 91. Legislative Competence of the Council

The Senate shall review legislation that has been submitted by the House of Representatives for ratification or amendment in the following areas:

State Financial System Law.
Public Budget Law.
Local Government Law.
Citizenship and Immigration Law.
Referendum and Elections Laws.
Natural Resources Law.
Emergency and Martial Law.
General Amnesty Law.
Laws related to State insignia, the State flag, national anthem, and State emblem.
Ratification of international treaties and conventions.
Proposed constitutional amendments.

The Senate shall request clarification from the concerned bodies regarding any draft law entering their jurisdiction.

Article 92. Council Jurisdiction on Some Functions

The Senate shall confirm the nominations for the House of Representatives for the following posts:

Constitutional Court judges selected by the Legislature.
Presidents and members of management of independent constitutional bodies.
The Governor of the Central Bank of Libya and his Deputy.

In all situations, the President of the Republic shall nominate the candidates. The Senate shall ratify presidential nominations for ambassadors and state representatives to international organizations adhering to standards of integrity, eligibility, merit, and achievement of the higher interests of the nation within the time period and according to the conditions that the law determines.

Article 93. The Joint Committee

If the two councils differ on a law set forth in Article 52, then a joint committee of equal number from the two chambers shall be formed to resolve the dispute and propose a compromised text to be submitted to the two chambers for their ratification and referral to the President of the Republic for his enactment. If the joint committee is unable to reach a compromise within a period not to exceed thirty days from the day the draft was presented, it shall be sent to the Senate for ratification with a two-thirds majority, then to the House of Representatives for submission to the President of the Republic for his enactment. Should this be impossible to accomplish, the law shall be postponed until the following parliamentary session. The two Councils shall remain in session until the adoption of the Budget Law.

Article 94. Senate Consultation

The House of Representatives shall send draft bills to the Senate for advisory feedback.

The Senate shall return it to the House of Representatives within a period no longer than thirty days from the day it was submitted.

PART III. General Provisions for the Two Chambers

Article 95. Non-restrictive Agency

Members of the Shura Council represent all of the people and may not limit their agency on restriction or condition.

Article 96. Oath of the Shura Council

Every member of the Shura Council must swear in the presence of the Council before he/she begins his/her work the following oath: “In the name of the Almighty God, I swear to be faithful to God and my country, to respect the Constitution and the Law, and to perform my job in faithfulness and truth”.

Article 97. Member’s Devotion to the Shura Council

One may not be a member of both Councils. The member shall carry out his/her work full-time and keep his/her job in accordance with what the law regulates.

Article 98. Immunity

Every member of the Shura Council shall enjoy full liberty to express an opinion within the bounds of the internal procedures of his/her affiliated council. No one shall be permitted to question voting, a stated opinion, or a speech made during council or committee sessions.
If either of the two councils indicts any member and there is sufficient and available evidence that he/she committed a crime of high treason, a serious breach of the Constitution, or crimes against confidentiality or honor during the fulfillment of work, then the individual case shall be sent to the Attorney General for the enactment of the necessary legal procedures.
In the case of a non-flagrante delicto, urgent criminal proceedings may not be taken without prior permission from the affiliated council and a written request from the Attorney General as are the rights and freedoms of the Member. While the council is not in session, the Presidency of the Council may issue the order and the council shall be notified in the first session. That shall be in accordance with the provisions of the internal procedures of the council.

Article 99. By-laws of the Two Councils

Each of the two councils shall issues bylaws with its internal procedures during the period not to exceed thirty days from the date of the first session. Bylaws shall be published in the official newspaper when each council enacts its internal procedures, taking into consideration the complementarity and consistency with the other council.

Article 100. Expiration of Membership

Membership of the Shura Council shall expire for one of the following reasons:

Inability to perform the tasks
Resignation
Dismissal
Losing of one of the conditions for candidature
Death

A decision to terminate membership shall be issued by the affiliated council of the member, as stipulated by the bylaws.

Article 101. Vacancy of a Seat in the Shura Council

If one of the members of the Shura Council should vacate his/her seat for any reason enumerated in the previous article before the expiration of his membership by at least six months, the law shall determine how to fill the seat.

Article 102. Headquarters and Provisions of the Shura Council

Headquarters of the Shura Council shall be in the city of Benghazi, and its meetings may be held in any other place inside the country. Both of the two councils shall convene their normal hearings by rule of law in the two regular sessions, each one of them lasting five months.

Session dates shall be one for each of the two chambers. The first session shall start within fourteen days from the date the final results of the elections were announced.

Article 103. Shura Council Meetings

The Shura Council with the majority of the members from both chambers shall meet under the leadership of the president of the Senate. In the event of his/her absence, the president of the House of Representatives shall assume this responsibility. If the president of the House of Representative is absent, the oldest member shall assume leadership. Shura Council meetings will convene under the following circumstances:

The opening of the legislative session.
The President of the Republic takes his oath.
Listening to the speeches of kings and presidents.
Listening to an address by the President of the Republic on issues of national importance.
Holding advisory sessions for the two chambers.

Article 104. Special Sessions of the Shura Council

The Shura Council may convene for a special session at the request of the President of the Republic or whoever succeeds him according to the provisions of the Constitution, or at the request of one third of the members of each chamber, and in the following cases:

Authorization declaring a state of war or the end of war.
Institution of a state of emergency or martial law.
Authorization of sending military forces beyond the State’s borders.
Consideration of a specific agenda.

The president of the Senate shall head special sessions or his successor. Decisions shall be adopted by the majority of the members present. The number of attendees should be at least half of the members from each council.

Article 105. Public Hearings

The hearings of both councils shall be public. The deliberations shall be documented in the minutes as prescribed by the bylaws for each chamber and published according to what the law determines. Either one or both of the councils may convene for a secret session with the approval of the majority of those present at the request of twelve members or a request of the executive authority.

Article 106. Awarding of Medals and Decorations

Members of the Shura Council shall not be awarded any medals or decorations during their term of membership.

Article 107. Devolution of Competencies of One of the Chambers to the Other

If one of the chambers has dissolved and until the election of a new council, then the tasks entrusted to the dissolved council shall devolve to the standing council according to Articles 103-104.

Article 108. Financial Remuneration

Each member of the Shura Council shall receive remuneration defined by law. No amendment to this law shall be valid unless considered from the beginning of the following session by those who issued the amendment.

The Executive

Article 109

Executive authority shall be vested in the President of the Republic and his/her government in accordance with the provisions of this Constitution. Headquarters of the executive branch shall be in Tripoli; meets may be held and decisions may be made in any other place inside the country.

PART I. The President of the Republic

Article 110

The President of the Republic shall preserve the unity of the country, the independence of the nation, and the safety of its lands. The President shall also ensure the interests of the people, hold free, confidential, and direct elections, and perform his functions and his defined responsibilities as stated in the provisions of the Constitution.

Article 111. Conditions to Run for the Presidency of the Republic

The following conditions shall apply to the presidential candidate of the Republic:

The candidate shall be Libyan and Muslim, and born to Libyan and Muslim parents.
The candidate shall not have held another citizenship or shall have renounced another citizenship five years prior to the date of candidacy.
The candidate shall not be married to a foreigner.
The candidate shall have obtained a university degree or its equivalent.
The candidate shall not be younger than forty years old.
The candidate shall enjoy civil and political liberties, and shall not have been convicted of a deliberate felony or a dishonorable or treacherous misdemeanor, even if he/she has been rehabilitated.
The candidate shall be capable of executing his/her work.
In the event that the candidate served in the military or belonged to the security apparatus, at least two years shall have passed from the end of his/her service before assuming the candidacy.
The candidate shall have resided in Libya for a period of no less than five consecutive years before candidature.

Article 112. Presidential Election

The President shall be elected by public, free, confidential, and direct election, by the absolute majority of the valid votes, and with balance between the two criteria, population and geography, to ensure geographic distribution of the votes. The law regulates this.

The President of the Republic shall be elected ninety days before the expiration of the incumbent president’s term in the time of presidential elections. The final results shall be announced two weeks before the end of the previous term. In the case that presidential elections are unable to be held for compelling reasons or because of recognized, present danger as decided by the Constitutional Court, the Shura Council shall determine the necessary procedures and dates to conduct the presidential elections later.

No one may assume the presidency for more than two complete, consecutive or nonconsecutive terms. In the event of resignation, that period shall be considered a full presidential term.

Article 113. Special Cases

Presidential elections shall be cancelled and new elections held in the event of the death of the winning candidate before the announcement of his/her victory.
If a candidate dies before the second round is executed, a candidate withdraws, or a legal barrier arose preventing the candidature, the next candidate in line shall take his or her place according to the announced results.

Article 114. Term of Presidency

The term of presidency shall be five years from the date he/she is sworn in and shall be renewable one time.

Article 115. Oath of the President

The President-elect of the Republic shall take his/her oath before the Shura Council before assuming his/her duties according to the following model: “In the name of the Almighty God, I swear that I will perform my duties wholeheartedly, I will respect the Constitution and the law, I will preserve the independence of the country and its unity, and I will protect the interests of the people and the nation”.

Article 116. Vacancy of the Presidency

The office of the president shall be considered permanently vacant in the following cases:

Resignation by written notice addressed to the Shura Council.
Dismissal.
Loss of one or more of the conditions of candidacy as determined by ruling of the Constitutional Court.
Death.

The Constitutional Court shall convene to officially establish the permanent vacancy of the office. The Prime Minister shall assume responsibility of the president’s duties. Within a period no longer than fifteen days from the date the Prime Minister was notified of the Constitutional Court’s resolution, the Shura Council shall announce within ninety days the beginning of the new presidential race and the new presidential election.

If the presidential office is temporarily vacant because of an illness, travel, or any other compelling reason, the Prime Minister shall fill his position for a period not to exceed one hundred and twenty days. In the event that this period is exceeded, the office of the President shall be considered vacant.

Article 117. Competences of the President

The president shall have authority over the following matters:

Appointing the Prime Minister, forming of the government, and making ministerial changes.
Defining and directing the general policies of the Executive Branch.
Calling for a referendum in the cases and under the conditions stipulated in the Constitution.
Calling the Shura Council to special sessions and identifying the issues that shall be addressed.
Issuing the laws and their publication in the official newspaper in accordance with the Constitution.
Proposing draft legislation. The conclusion of international agreements of a technical nature as established by law.
Accreditation of representatives of diplomatic missions to nations and international organizations.
Awarding medals and decorations according to the law.
Appointments and exemptions in senior positions headed by the State and affiliated institutions.
Declaring a state of emergency and requesting the declaration of martial law in accordance with the provisions of the Constitution.
Any other competences that the Constitution stipulates.

Article 118. Special Amnesty

The President of the Republic shall issue a special pardon after considering the opinion of the Prime Minister and the President of the Higher Judicial Council in a manner that does not conflict with the provisions of the Constitution.

Article 119. Commander-in-Chief of the Armed Forces

The President of the Republic shall be the Commander-in-Chief of the Armed Forces. He shall declare war and invoke peace in accordance with the provisions of the Constitution.

Article 120. State Representation Abroad

The President of the Republic shall represent the State in its foreign relations. The President shall ratify treaties and conventions according to the Constitution.

Article 121. Decrees with Power of Law

In the event that the two councils are not in session or if the House of Representatives has been dissolved, the President of the Republic shall issue decrees with power of law in a necessary, urgent event as regulated by law. The House of Representatives shall review all such decrees within seven days from the date of the beginning of the following session for their ratification or repeal. No decrees may be issued concerning the Shura Council’s competence.

Article 122. Dissolution of Legislative Authority by the President

The President of the Republic may dissolve the House of Representatives, the Senate, or both councils in a general referendum for valid reasons associated with the obstruction of the State’s public policy, the development plan, or budget suspension without real justification and in accordance with the following:

The President of the Nation shall refer the reasons and justifications to the Constitutional Court to urgently give its advisory opinion on the seriousness and relevance of the evidence.
If the court determines that the reasons are serious and the President holds a general referendum resulting in favor of dissolving one or both of the councils, the President shall issue a decree for its dissolution. If the referendum results in “No” then the President shall form a new government.
If the court determines that the reasons are not serious or relevant and the President holds a referendum that rejects the dissolution of one or both of the councils, then the President shall submit his resignation.

In all cases, neither one of the two councils may be dissolved during its first year of assembly, a state of emergency, a declaration of martial law, or in the last six months of the President’s term.

Article 123. Presidential Impeachment

The House of Representatives or the Senate may charge the President of the Republic upon a substantiated request from the absolute majority of the elected members of each council with high treason, a serious breach of the Constitution, or committing dishonorable or treacherous crimes. Two-thirds majority of the Shura Council shall be required to issue the accusation after the Attorney General conducts an investigation.

The President shall stop his/her work when the indictment is issued until a verdict has been reached in the trial. This is considered a temporary vacancy of the office. The President of the Republic shall be tried before a special court comprised of a president and four members, led by the President of the Higher Judicial Court and with the two oldest counselors of the Court of Cassation and the two oldest counselors of the Courts of Appeals. The Attorney General is the prosecutor before the court. The Court’s rulings are final. The law shall regulate the investigation and trial procedures. If the ruling convicts the President of the Republic, s/he shall be dismissed from office without prejudice to other procedures. The office shall be considered permanently vacant and the provisions of Article 116 of this Constitution shall be applied.

In cases besides those, urgent criminal action may not be taken, as is the President’s freedom. Nor shall criminal action be brought against him until after the end of his term. All periods of prescription shall be discontinued, as is his right.

PART II. The Government

Article 124. Composition of the Government

The government shall be composed of the Prime Minister and Ministers.

Article 125. Competences of the Prime Minister

The Prime Minister shall assume the following responsibilities:

Forming the government, presiding over its hearings, and suggesting amendments to it.
Managing the government and supervising its works.
Coordinating the duties of the members of the government without infringing upon their competences and direct responsibilities.

The law shall establish the general foundations for organizing ministries and various state agencies. The Prime Minister shall delegate some of his competences to the Ministers.

Article 126. Terms of Appointment for Members of Government

Whoever shall be appointed Prime Minister shall be Libyan and Muslim born to two Libyan parents; he/she shall not be younger than thirty five years old; he/she shall have obtained a university degree or its equivalent; he or his spouse shall not carry another citizenship; he/she shall enjoy civil and political liberties; he/she shall not have had a court rule issued against him/her for a deliberate felony, a dishonorable or treacherous misdemeanor, even if s/he has been rehabilitated; in addition to the terms above, a minister shall not be younger than thirty years old.

Article 127. Taking the Oath

The Prime Minister and ministers shall take their oath before the President of the Republic according to the following model: “In the name of the Almighty God, I swear to be faithful to God and then my country, to respect the Constitution and the Law, and to perform my job in faithfulness and truth”.

Article 128. No-Confidence in the Government

If the House of Representatives decides with the two-thirds majority of its elected members that it does not trust the government, then the government shall be forced to resign. If the decision pertains only to one of the ministers, then the absolute majority of the House of Representatives’ elected members is required, and he shall resign from the ministry. The House of Representatives shall not consider a request to prevent the faith in the government until after the hearing upon written request submitted by at least fifteen members. This request may not be up for discussion until eight days after the day of its submission and opinions regarding the matter shall not be taken until two days after the completion of the discussion.

Article 129. Responsibility of the Prime Minister and Ministers

The law shall define the procedures of indictment for the Prime Minister and Ministers for crimes that occur amongst them while performing their jobs.

Article 130. Competences of the Cabinet of Ministers

The Cabinet of Ministers shall have authority over the following matters:

Executing the general plan.
Preserving the nation’s safety, protecting the rights of citizens, and ensuring respect for the laws and governments.
Proposing legislation.
Drafting the general budget law.
Drafting the general plan of the State.
Establishing, dissolving, and integrating general utilities, institutions, companies, and interests.
Regulating and overseeing affiliated State departments, institutions, and agencies.
Discussing proposals, plans, and policies of each ministry in regards to the implementation of its duties.
Issuing regulatory and enforcement regulations, control regulations, regulating public utilities within the scope of its jurisdiction.
Appointing undersecretaries to the Ministries and senior positions in the government based on the principles of equal opportunities, merit, transparency, and that which the law determines.
Any other competences that the law prescribes.