CHAPTER FOUR. Judicial Authority
Article 131. The Independence of the Judiciary
The Judiciary shall be independent. Its function shall be the establishment of justice, the guarantee of the rule of law, and the protection of rights and freedoms. Judges shall be independent in performing their tasks and subject to nothing other than the law. Judges shall commit to the principles of neutrality and impartiality. Interference with the work of the judiciary shall be a crime to which no statutory limits shall apply.
Article 132. Members of the Judiciary
The members of the Judiciary shall be comprised of: the judges and the members of the department of the public prosecutor. The law shall determine the conditions for their appointment and advancement, as to ensure their selection and the advancement of the best and most capable. Their rights, duties, and the rest of their functional affairs shall be established by law.
Article 133. Guarantees for Members of the Judiciary
A member of the judiciary shall not be dismissed, removed from his or her work, or punished in a disciplinary fashion, except by a justified decision from the Higher Judiciary Council, in accordance with the safeguards and cases defined by the law. In cases of non-flagrante delicto, urgent procedures may not be taken that infringe upon rights and liberties, except with prior approval of the Higher Judiciary Council. The member of the Judiciary shall be charged only with work that agrees with its independence and neutrality according to the law.
Article 134. Mandate of the Courts
The courts, regardless of their variation or rank, shall be in charge of rendering judgment on disputes and crimes, in accordance with the system of judicial specialization and the requirements of justice. Judicial proceedings shall be public except in juvenile courts, or when the court decides that observance of public order and etiquette requires the proceedings to be private. All judicial pronunciations shall be public, according to the law.
Article 135. Litigation
Except for misdemeanors and cases of de minimis importance as defined by the law, trials shall be organized in two degrees. The law shall determine the jurisdiction of the courts and the procedures they follow.
Article 136. Prohibition of Special Courts
Special courts shall not be established.
Article 137. Higher Judicial Council
The judiciary shall have a council called the Higher Judicial Council, which shall ensure the proper functioning of the judiciary and its independence. It shall enjoy a legal personality and financial and administrative independence. The draft budget for the council shall be prepared for its discussion in front of the legislative authority. Its headquarters shall be in Tripoli and the Council shall be permitted to hold its meetings anywhere inside the country.
Article 138. Competences of the Council
The Higher Judicial Council shall be dedicated to appointing, promoting, moving, and disciplining the members of the judiciary along with all of its functional affairs. It shall also be dedicated to establishing courts and judicial powers according to the law, passing opinion on bills related to the judiciary, proposing the establishment or removal of independent judicial bodies, and finally, preparing an annual evaluation report on the validity of legislation and its application, which shall be circulated in the official newspaper. The law shall regulate the other jurisdictions and powers of the High Council.
Article 139. Composition of the Council
The Higher Judicial Council shall be comprised of twelve members led by a counselor from the Court of Cassation who is chosen by all the General Assembly, counselors of the Courts of Appeal, judges of primary courts, members of the public prosecution, two individuals with legal specialization outside of the judiciary and not belonging to any political party, and that which is in accordance with the law.
Article 140. The Court of Cassation
The Court of Cassation shall be comprised of the president, the deputy, and a sufficient number of counselors, whose ranks may be no less than that of President of the Court of Appeals, or its equivalent, to be chosen for the Higher Judicial Council. The President, Deputy, and three oldest counselors shall be chosen by the General Assembly.
Article 141. Competences of the Court
The Court of Cassation shall be dedicated to appeals of cassation. The law shall specify its other jurisdictions and powers.
Article 142. The Prosecutor General
The Public Prosecutor’s Office shall be a part of the judiciary and shall be led by the Prosecutor General. The members of the Public Prosecutor’s Office shall be the Prosecutor General’s agents in exercising his jurisdictions relating to criminal proceedings, with the exception of what is excluded by the law. The appointment of the Prosecutor General shall be issued by a decree from the President of the Republic, based upon the nomination of the Higher Judicial Council. Nominees shall be chosen from the counselors of the Court of Cassation, the presidents of the Courts of Appeal, or the public attorneys from group (A), for a period of six years or until reaching retirement, whichever comes sooner, for one term only.
Article 143. Body of Judicial Inspection
The Body of Judicial Inspection shall be a judicial body. Its designated members shall be introduced by a decision from the Higher Judicial Council. The Judicial Inspector Authority shall be comprised of a president, a deputy, and a sufficient number of counselors, whose ranks may be no less than that of a deputy of the Courts of Appeal, or its equivalent rank. The Judicial Inspector Authority shall have authority over inspecting the members of the judicial authority, and any other domains determined by the law.
Article 144. Legal Profession
The legal profession is a partner in achieving justice and lawyers shall enjoy legal safeguards, which shall allow them to perform their duties to contribute to the establishing justice and defending rights and freedoms. The law shall regulate this.
Article 145. Military Judicial System
The military judiciary shall be a judiciary that has authority over military crimes, which are committed by military persons, in accordance with the procedures defined by the law, as to ensure fair trial. This includes the right to appeal according to what the law determines.
Article 146. The Compulsion of Judicial Rulings
Judicial rulings shall be binding for all. Refraining from the implementation of judicial rulings or the obstruction of their enforcement without a legal cause to do so is prohibited.
