Chapter Two: System of Governance

Article (36)Shura Council

Legislative  authority  consists  in  Shura  Council  two  chambers  (the  House  ofRepresentatives  and  the  Senate).  Shura  Council  has  the  authority  to  enactlegislation, validate public policy of the State and the general economic andsocial  development  and  the  General  Budget  of  the  State,  exercises  controlover the actions of the executive authority, as set out in the Constitution

 

First: The House of Representatives

Article (37)Composition of the House of Representatives

The house is composed of a number of members to be elected by universal,free and secret direct vote according to population criterion, taking intoaccount geographical criterion and to ensure equal representation of voters.This is to be achieved in accordance with the provisions of election law,provided that the voter age must be at least eighteen years.

Article (38)Membership of the House of Representatives

The candidate for membership of the House of Representatives must beLibyan Muslim and must not have any other nationality. He must enjoy hiscivil and political rights and have, at least, a university degree orequivalent, and must not be under the age of twenty five years on the dayof candidature, and any other requirements established by law.

Article (39)The term of office of the House of Representatives

The duration of the mandate of the house of Representatives is four yearsfrom the date of its first meeting, the election of a new Council must bewithin ninety days before the end of the outgoing House mandate.

Article (40)Presidency of the Council

The  Council  holds  its  first  session  chaired  by  the  oldest  member,  theyoungest  one  is  to  be  the  rapporteur,  to  elect  a  president  and  two  vicepresidents.  The  elections  of  the  presidency  of  the  Council  are  to  be  heldevery two years.

Article (41)Presence quorum and voting

Meetings  of  the  Council  are  not  considered  valid  unless,  at  least,  anabsolute majority of the members is present. Draft laws are approved by theabsolute majority of the members. Taking into account other cases provided11for  in  the  Constitution.  By-laws  of  the  House  set  rules  of  procedure  of  theHouse sanctions to ensure regular attendance of members.

Article (42)proposals and draft laws

Laws proposals submitted to competent specialized committees arereferred to the Council after being approved, in a period not exceeding 60days, and in case of refusal, the resolution must be justified. Each draft lawsubmitted by the President and the Prime Minister shall be transmitted tocompetent specialized committees of the House of Representatives forexamination and report to the Council during a month from the date of itsreception.

Article (43)Publication and dissemination of laws

If the House of Representatives approves a project or draft law, it must bereferred,  in a period not exceeding seven days, to the President of State topromulgate  it  and  to  publish  it  in  The  Official  Gazette,  in  a  period  notexceeding  fifteen  days  from  the  date  of  its  adoption.  If  the  President  ofState abstains to do so, the President of the House of Representatives shouldpromulgate  it  and  publish  it  with  his  signature.  The  law  enters  into  forceafter two days from the date of its publication, unless otherwise specified.The Head of the State may return the draft law with amendments, and theHouse  has  fourteen  days  to  approve  it  with  or  without  the  amendments  byvote of an absolute majority of the members.

Article (44)Questioning and Request for clarification

Every member in the House of Representatives might put questions to thePrime Minister or a minister on a subject within their competence.  He hasthe right to question them, according to the by-laws of the House.

Secondly: The Senate

Article (45)Composition of the Senate

The Senate consists of seventy-two members to be elected by universal, freeand  secret  direct  election,  provided  that  the  minimum  age  of  voters  iseighteen  years.  Representation  in  the  Senate  must  be  equal  between  thethree historic governorates, taking into account geographical balance in thedistribution of the seats in each governorate.

Article (46)Membership of the Senate

Conditions of membership of the Senate are the same as for the House ofRepresentatives  except  for  the  minimum  age  of  the  candidate,  which  is  40years at opening of candidature, for the Senate.

Article (47)The duration of the Senate mandate

The duration of the mandate of the Senate is six years from the date of itsfirst  meeting.  A  member  may  not  be  re-elected  for  more  than  twomandates.  The  election  of  a  new  Council  should  be  within  ninety  daysbefore the end of the outgoing council term.

Article (48)Presidency of the Council

The  Council  holds  its  first  session  chaired  by  the  oldest  member,  theyoungest  one  is  to  be  the  rapporteur,  to  elect  a  president  and  two  vice-presidents.  The  elections  of  the  presidency  of  the  Council  are  to  be  heldevery three years.

Article (49)Quorum for the Council and vote

Meetings of the Council shall not be considered as valid unless two thirds ofmembers are present, and decisions require, at least, an absolute majorityof  its  members,  including  eight  members  of  each  governorate. The  by-lawsof  the  Council  set  sanctions  to  ensure  the  regular  attendance  of  themembers.

Article (50)Competence of the Council on draft laws

Except what is exclusively in the competence of the House ofRepresentatives, the Senate reviews bills referred to it by the House ofRepresentatives for approval or amendment in the following subjects:

1.Law of the State’s financial system.

2.Law of the Public Budget.

3.The law on local government.

4.The Law on Citizenship and Immigration.

5.Laws of referendum and elections.

6.The law on natural resources.

7.Emergency state and martial law.

8.Law of amnesty.

9.Laws on State’s motto, distinctions and anthem.

10.Ratification of international treaties and conventions.

11.Proposals for constitutional amendments.

The Senate may require clarifications from competent parties about anydraft law within its competence.

Article (51)Competence of the Council on some posts

The Senate approves the nominations of the House of Representatives forthe following posts:

1.Constitutional court judges selected among the legislative authority.

2.Chairpersons and members of the independent constitutionalinstitutions.

3.Governor of Central Bank of Libya and his deputy.

In all cases, the nomination decision is taken by the Head of State.The Senate approves the appointments, by the Head of State, ofambassadors and representatives of the State to the internationalorganizations in accordance with standards of integrity and merit,  andachievement of supreme interests of the State, during the period and underthe conditions determined by law.

Article (52)Joint Committee

If  the  two  councils  do  not  agree  on  a  bill,  a  Joint  parity  committeebetween  the  two  councils  is  set  to  resolve  differences  and  to  propose  aconsensus text to be referred to the two Councils for approval and transferto  the  President  of  the  Republic  for  promulgation.  If  the  joint  Committeefailed to reach a   compromise solution in a period that does not exceed 30days from the date of submission of the project, then it is to be submittedto  the  Senate  for  approval  by  a  majority  of  60  members  and  then  to  theHouse  of  Representatives  to  be  forwarded  to  the  President  of  the  Republicfor  promulgation.  If  not,  the  bill  is  postponed  to  the  next  parliamentarysession.

Article (53)Consultation of the Senate

In  cases  other  than  those  provided  for  in  article  (49),  the  House  of representatives transmits the bills to the Senate for consultative opinion on return  to  the  House  of  Representatives  in  a  period  not  exceeding  30  daysfrom the date of submission.

Thirdly: General provisions of the two councils

Article (54)Non restriction of the mandate

A  member  of  Shura  Council  represents  the  people  as  a  whole,  and  hismandate may not be restricted by any constraint or condition.

Article (55)Oath of the member of Shura Counci

Before a member of Shura Council takes office, he takes the following oathbefore  his  council:  ”I  swear  by Almighty  God  to  be  faithful  to  God  and  thehomeland,  to  respect  the  Constitution  and  the  law  and  to  discharge  myduties with utmost truth and sincerity”.

Article (56)Non combination of membership between the two councils

There may not be a combination of membership between the two councils,and there may not be a combination between the membership of ShuraCouncil and any other public office or profession. The member undertakeswork for full-time, and maintains his job as regulated by law.

Article (57)Immunity

1Each member of Shura Council has full freedom to express his opinion inthe  Limits  of  the  by-laws  of  his  Council.  He  is  not  accountable  for  anyvote  or  point  of  view  he  manifests  or  a  speech  he  addresses  duringmeetings of the Council or of its commissions.

2.Any of the two councils is entitled to make Parliament indictment to anyof  its  members  in  the  case  of  availability  of  sufficient  evidence  ofcommitting a crime of high treason or grave breach of the Constitution orcrimes  against  integrity  or  honor  in  exercise  of  his  duties,  and  to  referhim to the Attorney General to take legal action.

3.However, except in the case of flagrante delicto, no criminal action maybe   taken   against   the   member’s   rights   and   freedoms   without   priorpermission from the Council to which he belongs on a written request ofthe Attorney General. When out of meeting periods, the authorization isissued  by  the  presidency  of  the  Council,  but  it  shall  be  notified  to  the Council in the first meeting, in accordance with the provisions of the by-laws of the Council.

Article (58)By-laws of the two councils

Each of the two Councils issues a list of its by-laws in a period not exceeding30 days from the date of its first meeting. They are published in the OfficialGazette, and each of the two councils, when issuing its by-laws, must takeinto account the harmonization and integration with the other council.

Article (59)Termination   o f   membership

Membership in Shura Council terminates for one of the following reasons:

1.Death.

2.Incapacity to discharge one’s tasks.

3.Resignation.

4.Dismissal.

5.Losing one of the conditions for candidature.

The decision terminating the membership is issued by the Council, to whichbelongs the member, in accordance with bylaws.

Article (60)Vacancy of a seat in Shura Council

When a seat of a member   of Shura Council becomes vacant for any of thereasons mentioned in the above article, at least six month before the end ofhis membership, an alternative member shall be chosen in accordance withthe  election  law  and  in  accordance  with  provisions  of  this  Constitutionwithin  thirty  days  of  the  date  of  the  vacancy,  and  the  term  of  the  newmember extends until the end of the House’s term.

Article (61)Headquarters and provisions of Shura Council meetings

Shura’s headquarters is in the city of (                )  and  the  Council  may  holdmeetings in any other place. Each of the two councils holds regular meetingsby virtue of law provisions, in two ordinary sessions, each for five months.Sessions of the two councils take place at the same time.   The first sessionstart  within  fourteen  days  of  the  date  of  announcing  the  final  results  ofparliamentary elections.

Article (62)Shura Council meetings

Shura  Council  meets  with  its  two  councils,  chaired  by  the  speaker  of  the Senate. In his absence the meeting is chaired by the Speaker of the House of representatives,  and  in  case  of  his  absence,  the  oldest  member  chairs  the meeting, in the presence of a majority of the members of Shura Council in the following cases:

1.Opening of the legislative session.

2.President of the Republic’s oath.

3.Hearing speeches of kings and presidents.

4.To listen to the President of the Republic’s speeches on national important issues.

5.To hold consultative meetings of the two Councils.

Article (63)Extraordinary meetings of Shura Council

Shura   Council   meets   in   an   extraordinary   session   in   the  Assembly’s headquarters  or  in  any  other  place  on  request  of  the  President  of  theRepublic,  or  whoever  succeeds  him  in  accordance  with  provisions  of  thisConstitution, or upon the request of a third of the members of both houses,in the following cases:

1.To approve the declaration of a state of war or its termination.

2.The decision of the state of emergency and martial law.

3.Approval of sending military forces outside the borders of the country.

4.Consideration of specific agenda.

The meeting  is  chaired  by  the  Speaker  of  the  Senate  or  his  successor,  the decisions will be taken by a majority of the present members, provided that attendees must not be less than half the number of each Council members.

Article (64)Public Sessions and secret vote

Sessions of both Councils are public, while voting on decisions is secret,and deliberations shall be documented in minutes in accordance with the bylaws and published in accordance with the conditions stipulated by law. Each of the two Councils or both of them might meet secretly with theapproval of the majority of the present members upon the request of twelve members or of the executive authority.

Article (65)Granting of medals and decorations

The member of Shura Council may not be granted any medals or decorations during his term of office.

 

Article (66)Devolution of the competences of the House of Representatives to theSenate

In case of dissolution of the House of Representatives, and until the election of a new House, the tasks previously assigned to the House of representatives devolves to the Senate according to articles (62-63).

Article (67) Financial reward

The member of Shura Council receives a reward to be determined by law.Any amendment to the law on financial reward applies only from the beginning of the Council that will come after the one having decided the amendment.

Article (68)The Executive

Executive power is vested on the head of State and his Government, in accordance with the provisions of this Constitution.

Article (69)FIRST: The President of the Republic

The President of the State preserves the unity of the country, the independence of the homeland, the integrity of its territories, and shall protect the interests of the people. He shall be elected by direct secret free election and he exercises his duties and has his responsibilities defined in accordance with the provisions of the Constitution.

أولاً: رئيس الجمهورية

Article (70)Conditions of running for the presidency of the Republic

The  candidate  to  the  presidency  of  the  Republic  has  to  satisfy  the following:

1.  To be Libyan Muslim born from Libyan Muslim parents.

2.    To have never voluntarily obtained any other nationality, unless he had obtained it by virtue of birth and waived it ten years before his candidature.

3.  Not to be married to a foreign woman.

4.  To have obtained a university degree or equivalent.

5.    Not to be under the age of 40 years and over the age of 70 years at the time of candidature.

6.    To  enjoy  his  civil  and  political  rights.  He  must  not  have  been convicted of a deliberate felony or a misdemeanor that breaches honor or honesty, even if he got rehabilitated.

7.  To be physically and mentally able to exercise his duties.

8.    To have passed, at least, two years, after the end of service before the date of his candidature, in the event the candidate belongs to military or security forces.

9.  To  have  stayed  in  Libya  for  no  less  than  ten  years  before  hiscandidature

Article (71) Election of the President

The President of the Republic is elected by universal, free, secret and direct  vote  through  balancing  between  population  and  geography criteria, according to what is regulated by law.

The President of the Republic shall be elected, ninety days before the end of the mandate of outgoing President of the Republic at the time of presidential election or within ninety days of the vacancy. In case it is not possible to hold presidential elections for reasons of force majeure or stated risk, which reasons are substantiated by a decision of the Constitutional Court, Shura Council states procedures and dates for the holding of presidential elections later.Presidency of the Republic may not be assumed for more than two fullconnected or separate mandates. In case of resignation, that mandate is considered as a full presidency mandate.

Article (72) Special cases

1.Presidential elections are canceled and new elections are to be held in the  event  of  the  death  of  the  winning  candidate  before  the announcement.

2. In  case  of  the  presence  of  only  one  candidate  in  the  presidential elections, he needs to get one-third of the validated votes, in order to be elected as a President.

3. If a candidate died before the second round or withdrew or a  prevents his candidacy, the candidate having largest number of  votes  among  the  remaining  candidates  is  invited  to  become President.

Article (73) Duration of the presidency

The presidential term is five years from the date of taking the oath. It is renewable only once.

Article (74)Oath of the President

The elected President of the Republic takes, within a week of winning the elections, the legal oath before Shura Council in accordance with the following wording: ”I swear by Almighty God to    faithfully discharge my duties, to respect the Constitution and the law and to preserve the independence and unity of the country, and to keep the interests of the people and the homeland.

Article (75)Vacancy of presidential post

The post of the Head of State is considered as permanently vacant in the following cases:

1.  Death.

2.  Resignation, known by a written notification addressed to Shura Council.

3.  Dismissal.

4.  Losing one of the conditions for candidature to be established by a judgment from the Constitutional Court.

Constitutional Court Meets to state the permanent vacancy of presidency post. The Prime Minister takes the functions of the President. During a period not exceeding 15 days from the date of notification of the decision of the Constitutional Court stating the vacancy   of the President post, Shura Council  declares  the  opening  for  candidature  and  election  of  a  new president within ninety days.

In the event that the absence of the president is due to temporarily disease or travel or any compelling circumstance, he gets replaced by the Prime Minister for a period not exceeding 120 days after which the vacancy becomes established.

Article (76) Competences of the President

The President is competent in the following :

1.  Appointment of the Prime Minister and forming of the Government.

2.  Appointment and dismissal of ministers after consultation with the Prime Minister.

3.  Policy guidance for the executive.

4.  Holding of referendum in cases and conditions laid down in the Constitution.

5.  Call Shura Council extraordinary meetings with identifying issues to be addressed.

6.  Promulgation of laws and their publication in the Official Gazette after approval according to the Constitution.

7.  Proposal of draft laws and projects of constitutional amendments.

8.  Accreditation of the representatives of diplomatic missions of States and international organizations.

9.  Granting of medals and decorations in accordance with law.

10.  Appointments and dismissals in senior posts at the presidency of the State and dependent institutions.

11.  Declaration  of  the  state  of  emergency  in  accordance  with  the provisions of the Constitution.

12.  Any other competences provided for in the Constitution and the law.

Article (77) Special amnesty

Special amnesty is to be decided by the President of the Republic in consultation with the Prime Minister and the President of the Higher Judicial Council, within the framework of this Constitution.

Article (78)Supreme Commander-in-Chief of the Armed Forces

The President of the Republic is the supreme Commander-in-Chief of the armed forces, he declares war and holds reconciliation in accordance with the provisions of the Constitution.

Article (79)The State representation abroad

The President of the Republic is the representative of the State in its foreign relations, and he is entitled to conclude treaties and conventions, but they are effective only after ratification by the legislative authority.

Article (80) Decrees with power of law

The President of the Republic is entitled, in case the two councils do not hold meetings, or in case of the dissolution of the House of Representatives, to issue decrees with power of law. They must be submitted in seven days of the date of the next session of the House of Representatives for approval or cancellation. No decrees falling within the competence of the Senate may be issued.

Article (81)Dissolution of the Legislative Authority by the President

The President of the Republic might pass a decision to dissolve the House of Representatives or the Senate or both on the basis of valid reasons related to hindering the State public policy or development plan or disable budget without real justification, according to the following:

1.   The head of State should refer the reasons and justifications to the Constitutional Court to give its consultative opinion on the seriousness and appropriateness of the reasons.

2.    If the discretion of the Court is that the reasons are serious and the President resorts to referendum which result is to dissolve one of the Councils, or both, the President issues his decision of dissolution. And if the result of the referendum is (NO), the President   constitutes a new government.

3.    If, in the opinion of the Court, the reasons are not serious or  relevant and the President of the Republic resorts to referendum and the result is reject, then President shall present his resignation.

4.   In all cases, any of the two councils may not be dissolved  during the first year of its mandate, or during the state of emergency, or the declaration of martial law, or in the last six months of the mandate of the President of the Republic.

Article (82) Accusation of the President

The House of Representatives or the Senate, may, at a justified request submitted  by  one  third  of  the  members  of  each  council,  accuse  the President of the Republic of high treason or serious breaches of the Constitution or to commit crimes against honor or honesty, with a majority of two-thirds of the House of Representatives, or an absolute majority of the Senate, including eight of each governorate. The indictment is transmitted to the Constitutional Court for consideration, and if convicted, the court issues a decision to dismiss him from his post and Shura Council call for presidential elections in no more than 90 days.No criminal action may be taken against the freedom of the President of theRepublic, and no criminal proceedings may be opposed to him, but after theend of his mandate. All periods of the statute of limitation are stopped in his right.

SECONDLY: The Government

Article (83) Composition of the Government

The government consists of the Prime Minister and the ministers.

Article (84)The Presidency of the Government

The Prime Minister assumes the presidency of the Government, and supervises the performance of its work and provide guidance in the exercise of its functions. The law establishes the general basis for organization of various ministries and State instruments. The Cabinet exercises its competences in accordance with the Constitution and the law.

Article (85)Terms and conditions of appointment of members of the Government

The one who is appointed Prime Minister should be Libyan Muslim, thirty five years old, at least, should hold a university degree or equivalent, should not hold any other nationality, should enjoy his civil and political rights, and should not have been convicted in a final court ruling of a felony or a dishonorable misdemeanor even if he had been rehabilitated. In addition to the above conditions, the minister should not be under the age of 30 years.

Article (86) The oath

The Prime Minister and the ministers take the oath before the Head of State, according to the following formula : ”I swear by Almighty God to be faithful to God and the homeland, to respect the Constitution and the law and to discharge my duties with utmost truth and sincerity”

Article (87)No-confidence in the Government

If an absolute majority of the members of the House of Representatives decides to withdraw confidence from the government, it must resign. If the decision of No-confidence specifically concerns a given minister, he shall quit the ministry. The House of Representatives may not consider the request to vote on No-confidence in the Government until after an interrogation session, and upon a written request presented by fifteen members, at least. This request may not be submitted to discussion before eight days of its submission, and views may be taken only after two days of complete debate.

Article (88)Responsibility of the Prime Minister and the ministers

A law Identifies the responsibilities of the Prime Minister and the ministers and their charging and prosecuting for crimes committed in the performance of their duties.

Article (89) Competences of the Cabinet

The Cabinet is competent in the following :

1.    Implementation of  the government program.

2.    Maintaining the security of the homeland and protecting the rights of citizens and ensuring respect for laws and regulations.

3.    proposal of draft laws.

4.    The preparation of the draft law for the Public Budget.

5.    Organization of departments and institutions of the State and its organs and their supervision and follow-up.

6.    Discussion of proposals, plans and policy of each ministry, in the implementation of its competences.

7.    Issuance  of  executive  and  managerial  regulations  and  control regulations for public utilities in the scope of their competences.

8.    Appointment of under-secretaries of ministries.

9.    Any other functions provided for by law.

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