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.
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:
2.Incapacity to discharge one’s tasks.
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:
2. Resignation, known by a written notification addressed to Shura Council.
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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