Chapter Four: The Constitutional Court

Article (105)Independence of the Constitutional Court

It is created a Constitutional court with legal personality which enjoys administrative and financial autonomy. Its draft budget shall be presented before the legislative authority. Its opinion is sought in relation to draft laws concerning it. Its members enjoy guarantees and benefits for members of the judiciary.

Article (106)Composition of the Court

The Court consists of twelve members, including a president and a vice- president. The Higher Judicial Council nominates six counselors with the rank of head of an appeal court, the President of the Republic nominates three members and the legislative authority nominates three members. The nominees of the legislative authority and the President of the Republic should be highly qualified and have, at least, post graded in law, Islamic Shariya law or political science and should not be from the judiciary authority. Their experience in their specialty fields should not be less than fifteen years. The President of the Court and his deputy should be among the members nominated by of the Higher Judicial Council and they are selected by its General Assembly. Vacancies in membership are filled by the same nominating party, using the same standards. All are nominated in a decision taken by the President of the Republic.

Article (107)Membership conditions

The   member of the court is required to be Libyan, without any other nationality, not to be under the age of forty-five Gregorian years, and not to belong to a political party and shall not exercise any function or other work during its membership of the Court. The term of office is one eight-year term. One half of the members is renewed every four years, according to the principle of rotation. Functioning of the court and its procedures are regulated by law.

Article (108) Competences of the Court

The Constitutional Court is the sole body authorized with judicial oversight over the legislation, the regulations of the House of Representatives and the Senate,   the interpretation of constitutional texts and reviewing international agreements before their ratification. It is also authorized to rule on reviewing elections and referendum laws before they get promulgated, reviewing laws deemed unconstitutional before they are re- passed. It is also authorized to rule on conflicts related to its members’ affairs. It is authorized to rule on conflicts between the authorities with reference to the powers given to them, on stating the constitutionality of Constitution amendments and claims related to non respect by the legislative authority of its constitutional obligations. It has also the competence to decide on litigations resulting from the rulings and decisions it passes, and any other competences provided for in the Constitution.

Article (109)Decisions of the Court

The court pronounces its justified decisions with the majority of its members, and the court may deviate from the principles it established as specified in law.

Article (110) Appeal before the Court

Anyone who has direct personal interest may recourse to the Constitutional Court to challenge the constitutionality of legislations, either directly or through serious defense before courts, as regulated by law.

Article (111)Authority of the Court’s Decisions

The decisions of the Constitutional Court are final and binding on all, and they are published in The Official Gazette. Any text, which the court ruled to be unconstitutional, loses its enforceability from the day following the publication of the court decision. The Court may, if necessary, determine the date of the entry into force of the unconstitutionality decision.

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