CHAPTER FIVE. The Constitutional Court
Article 147. Independence of the Constitutional Court
The Constitutional Court is a legal personality that with full administrative and financial independence. The Court shall submit its draft budget to the legislative authority, express its opinion on related legislation, and its members shall enjoy safeguards and prescribed benefits for members of the judiciary. Its headquarters shall be in Sabha and the Court may hold its hearings and practices its competences in any other city within the country.
Article 148. Composition of the Court
The Constitutional Court shall consist of twelve members, including a president and a deputy. The Higher Judicial Council shall choose six counselors to be heads of Courts of Appeal. The President of the Republic shall choose three members, and the legislative authority shall choose three members. Those chosen by the president and legislative authority shall possess the competencies and carry high degrees in at least law, political science, and Islamic Sharia for non-members of the judiciary. They shall also possess more than twenty years of work experience in their field of expertise. The General Assembly of the Higher Judiciary Council shall choose the president and deputy of the Constitutional Court. A vacancy shall be filled by the exact party who chose the original member in accordance with the same standards. The President of the Republic shall issue a decree naming the nominees.
Article 149. Terms of Membership
A member of the Court shall be Libyan; the member shall not carry another citizenship; the member shall not be younger than forty five years old; the member shall not belong to any political party; the member may not engage in any other post or work during his/her membership to the Court. Membership shall last eight years for one term and every four years half of the members shall be renewed according to the principle of rotation. The law regulates workflow, the procedures the Court will follow, the rights and duties of its members, and other functional affairs.
Article 150. Competences of the Court
The Constitutional Court and no other court shall have the following authority:
- Judicial oversight of the constitutionality of laws and the regulations of the House of Representatives and the Senate.
- Consideration of the constitutionality of the procedures for constitutional amendments.
- Litigation relating to the legislative authority’s failure to fulfill its constitutional obligations.
- Decision regarding disputes that arose from the implementation of rendered verdicts.
- Review international treaties and conventions before ratification and subsequent submission to the Senate.
- Review electoral and referenda laws before enactment.
- Review laws ruled unconstitutional before being reissued.
- Any other area of jurisdiction that the law prescribes.
Article 151. The Provisions of the Court
The Court’s decisions shall be justified with a majority of its members and may deviate from the principles it established in accordance with what the law determines.
Article 152. Appealing Before the Court
Every individual with a personal, direct interest may appeal to the Constitutional Court to challenge the constitutionality of a law or join in a pending case before the Court, according to what the law regulates.
Article 153. Authority of the Court’s Decision
The decisions of the Constitutional Court shall be final and binding for all, and shall be published in the official newspaper. Article law that has been ruled unconstitutional shall lose its binding force on the day following the publication of the ruling. The Court shall determine the effective date of the ruling of unconstitutionality.
