DCAF IN LIBYA
Legal Database For the Security Sector in Libya
The database contains more than 2000 legal texts.
Providing complete and up-to-date access to laws, decrees and other legislation governing the security sector in Libya. You can search below, view a list of the latest laws published, browse for laws based on the index or view statistics on how many laws the database holds.
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CDA 2014 Committee Proposal on Chapter 5: Transitional Measures Roadmap
2018-05-04
Constitutional Drafting Assembly (CDA)
The Committee on Rights, Freedoms and Transitional Measures
A Detailed Map of the Part of Transitional Measures
Chapter (1)
Transitional Justice Measures
Article ( )
The State shall undertake to put in place the necessary measures and mechanisms to hold community dialogue, uncover the facts, achieve fairness, reconciliation and constitutional and legislative reform. These mechanisms shall be independent, neutral, objective and conducted by individuals who have diverse competencies, expertise and integrity and in a manner that ensures that this does not involve any kind of political liquidation.
Article ( )
The Right to Knowledge
The State shall be committed to take the following necessary measures:
Uncover the truth and details of the systematic violations of human rights and basic freedoms in ...
CDA 2014 Committee Proposal on Chapter 4: Independent Institutions
2018-05-04
Constitutional Drafting Assembly
Thematic Committee on the Part of Independent Institutions
Part (8)
Independent Institutions
Chapter (1)
General Provisions
Article (1)
The independent constitutional institutions stipulated in this part shall enjoy legal personality as well as technical, administrative and financial independence. They shall exercise their competences with objectivity, and without fear or favouritism. They shall be consulted on draft laws related to their competences, and they shall be organised by law
Article (2)
The legislative authority shall elect with two-thirds majority independent persons who have competency and integrity to manage those institutions. They shall not be removed from office before the end of their term unless they no longer meet one of the conditions of their election, or in cases stipulated by law...
CDA 2014 Committee Proposal on Chapter 8: Natural Resources
2018-05-04
The Constitutional Drafting Assembly
The Financial System and Natural Resources Committee
Part on Natural Resources
Proposed Ideas and Principles for Constitutionalising Natural Wealth and Resources
Al-Baida, 2014
Introduction
The land, all natural resources of different kinds, in the soil and subsoil, in the territorial waters, the continental shelf, exclusive economic zones, assets of large economic projects, all natural products whose use contributes to national income, archaeological remains and sites, returns on the use of the air and airspace above the territory over which the sovereignty of the state extends.
Article (1)
Chapter (1)
Ownership
– Natural wealth and resources are owned by the Libyan people, and the state exercises its sovereignty on their behalf.
– The state shall be committed t...
CDA 2014 Committee Proposal on Chapter 2: The Form and System of Governance
2018-05-04
The Constitutional Drafting Assembly Committee on the Form and System of Governance Initial Draft for Proposed Texts (The Legislative and Executive Authorities) Al-Bayda, 21 December 2014
Article (1)
Part on the Form and System of Governance
The governance system in the Libyan state is representative and based on the principle of political pluralism and peaceful rotation of power.
Article (2)
Public Authorities
The Public Authorities in the Libyan State are: the legislative authority, the executive authority and the judiciary. The relationship between these authorities shall be in accordance with the principle of balance and oversight.
Article (3)
Chapter (1) – The Legislative Authority
The legislative authority shall consist of the national assembly, with its two chambers (The House of Representatives and the Shura Council) has the authority to...
CDA 2014 Committee Proposal on Chapter 7-1: Governorate System
2018-05-04
Libyan Constitution Proposal
Local Governance Committee Local (Administration) Proposal
Proposal One
(Governorate System)
Includes ten constitutional articles that reflect some of the committee’s members visions on the local governance system. They have been articulated in consensus between the following members:
Dr. Abdul Qader Abdullah Qaddoura
Mr. Mohammed Khalifa El-Hawasi
Dr. Rania Abdelsalam El-Said
Dr. Gadhafi Ibrahim Bridah
Article (1)
Local Governance Principles
The local governance system in this constitution is based on administrative and financial decentralization and the two principles of equal opportunity and fair allocation of wealth. The State shall align its legislation and regulations with the same. The law shall stipulate the executive details according to the provisions of this constitution.
Article (2)
Administra...
CDA 2014 Committee Proposal on Chapter 7-2: Regions System
2018-05-04
Libyan Constitution Proposal
Local Governance and Local Administration Committee Proposal
Proposal Two
(Regions System)
Includes sixteen constitutional articles that reflect some of the committee members’ vision on local governance. They have been articulated in consensus between the following members:
Dr. Ibrahim Faraj Al-Baba
Dr. Mustafa Abdel Hamid Dalaf
Article (1)
Country Division and Independence
Libya consists of three regions: Cyrenaica, Tripoli and Fezzan. Each region shall enjoy within its administrative boundaries administrative and financial independence and full legal personality.
Article (2)
Administrative Division of the Regions
Each region shall be divided into a number of governorates and municipalities.
Article (3)
Regional Councils
Regional institutions shall be: the regional council and ...
CDA 2014 Committee Proposal on Chapter 1: The Form of State
2018-05-04
Proposed Constitutional Articles
First Thematic committee for the Part
Form of State and Fundamental Components
Part (1)
Form of State and Fundamental Components
Chapter (1)
Fundamental Components
Article (1)
Name, Form and Capital of State
Libya is a free, independent, unified and indivisible state. Its sovereignty may not be ceded, nor shall any party of its territory. It shall be named the State of Libya and the capital shall be the city of Tripoli.
Article (2)
Borders of Libya
The borders of the State of Libya shall be:
North: the Mediterranean
East: Egypt and Sudan
South: Sudan, Chad, Niger, and Algeria
West: Tunisia and Algeria
Article (3)
National Flag
The national flag shall be in accordance with the following shape and dimensions:
Its length shall be twice the width. It shall be divided into ...
CDA 2014 Committee Proposal on Chapter 3: The Judiciary and the Constitutional Court
2018-05-04
Constitutional Drafting Assembly
3rd Specialized Committee
Part (3)
The Judiciary
Part (4)
The Constitutional Court
Part (3)
The Judiciary
Chapter (1)
General Provisions
Article (1)
Members of judicial bodies are independent in their work. They shall be subject to no authority other than the law and their conscience, they shall not be removed from their positions, are equal in their rights and duties, guarantors of the enforcement of provisions of the Constitution, the rule of law and protection of rights and freedoms, and the State ensures the independence of the judiciary, and interfering with the justice is a crime which is not subject to the statute of limitation, and they shall swear an oath before taking office in the manner set forth by the law.
Article (2)
Members of the Jud...