Constitutional Amendment No. (7) of 2014

Constitutional Amendment No. (7) of 2014

The General National Congress

Upon review of:

• The Constitutional Declaration issued on 3/8/2011 and its amendments;
• The rules of procedure of the General National Congress (GNC);
• The GNC’s decision at its ordinary session no. (176) held on Tuesday, 10 Jumada al-Awwal 1435 AH corresponding to 11 March 2014 AD;

Issued the following amendment:

Article (1)

Article (30) of the Constitutional Declaration shall be amended as follows:

1. The interim National Transitional Council (NTC) shall be fully established as per Article (18) of the present Declaration, and it shall remain the highest governing authority in the State of Libya and responsible for the administration of the country until the election of the General National Congress.
2. After the Liberation Declaration, the interim NTC shall relocate to its headquarters in Tripoli to form a transitional government within a maximum period of thirty days.

Within a maximum period of ninety days from the Liberation Declaration, the NTC shall:

1. Issue an election law for the GNC.
2. Appoint the High National Elections Commission.
3. Call for the election of the GNC.
4. The GNC shall be elected within 270 days from the Liberation Declaration.
5. The GNC shall be composed of 200 members elected from the entire Libyan people in accordance with the GNC election law.
6. The interim NTC shall be dissolved at the first session of the GNC, and all its powers shall be transferred to the GNC. The oldest member shall preside over the session, while the youngest member shall serve as rapporteur. During the said session, the president of the GNC and his two deputies shall be elected by direct secret ballot. The transitional government shall continue to exercise its functions until an interim government is formed.
7. Legislation shall be issued by the GNC by a majority of at least 120 members in the following matters:
   1. Approving the general budget and the State’s final accounts.
   2. Declaring and lifting a state of emergency.
   3. Declaring and ending war.
   4. Dismissing the GNC president, his deputies or any members of the GNC.
   5. Withdrawing confidence from the government.
   6. Ratifying international treaties.
   7. Legislation regulating local administration affairs and general elections.
   8. Legislation that places financial liabilities on the public treasury that are not included in the general budget.
   9. Votes on political and administrative isolation laws shall pass by a majority of 101 GNC members.
   10. GNC members may move to require a 120 member majority for an issue under discussion. The motion may only be put to a vote upon obtaining the support of five members. The resolution to require such a majority shall pass with a simple majority of members present.
   11. Except in the preceding cases, legislation shall pass with a simple majority of members present.

10. Within a maximum of 90 days from its first session, the GNC shall:

1. Appoint a prime minister, who shall nominate his government’s ministers, provided that all such members are granted confidence by the GNC before exercising their function as an interim government. The GNC shall also appoint the heads of sovereign functions.
2. Reconstitute the High National Elections Commission to elect a constituent assembly, called the Constitutional Drafting Assembly (CDA), through direct free ballot from among non-members, in order to draft a permanent constitution for the country. It shall be composed of sixty members after the model of the Committee of Sixty, which was established to draft the constitution of Libya’s independence in 1951. Pursuant to a special law, the GNC shall be responsible for setting the criteria and rules for its election, taking into account the distinct linguistic and cultural components of Libyan society (Amazigh – Tuareg – Tubu). Decisions of the CDA require a majority of two-thirds plus one, and it is necessary to come to an agreement with the distinct linguistic and cultural components of Libyan society in provisions that concern them. The constitution shall be drafted and adopted within a maximum of 120 days from the opening of the first session.

11. The February Committee’s proposal, to the effect that the House of Representatives shall elect a temporary speaker through direct or indirect vote within no more than 45 days from convening its first session, shall be adopted.

12. As soon as the CDA finishes drafting the constitution, it shall be submitted to a yes-or-no referendum within 30 days from the date of approval thereof.

– If the Libyan people approve the draft constitution by a majority of two-thirds of voters, the CDA shall ratify the same as the country’s Constitution and it shall be referred to the House of Representatives for issuance.

– If the draft is not approved, the CDA shall revise it and submit it again for referendum within a period of 30 days from the date that the first referendum’s results are announced.

– The House of Representatives shall issue a general election law in accordance with the constitution within 30 days from the date that the constitution is promulgated.

– General elections shall be held within 120 days from the date the organizing laws are issued. The House of Representatives and the interim government shall oversee the preparation of all requirements for holding elections democratically and transparently.

– The High National Elections Commission (which shall be reconstituted by the House of Representatives) shall be responsible for conducting general elections under the supervision of the national judiciary and the oversight of the United Nations and international and regional organizations.

– The High National Elections Commission shall endorse and announce the results, and the new legislature shall be called to session within no more than 30 days from the date the House of Representatives endorses the results. At its first session, the House of Representatives shall be dissolved and the legislature shall perform its duties.

Article (2)

This amendment shall enter into force from its date of issue, and it shall be published in the Official Gazette.

General National Congress

Issued in Tripoli:

• 10 Jumada al-Awwal 1435 AH
• Corresponding to 11 March 2014 AD

The Legislative and Constitutional Committee