Decision No. (1) of 1992 on the rules of procedure of the Supreme Council of Judicial Bodies

Supreme Council of Judicial Bodies

Resolution No. (1) of 1992

on the rules of procedure of the Supreme Council of Judicial Bodies

The Supreme Council of Judicial Bodies

Upon review of:

• The Justice System issued by Law No. (51) of 1976;
• General Secretariat of the General People’s Congress Resolution No. (3) of 1979 on the competences assigned to the Secretariat that were prescribed for the Revolutionary Command Council;
• General People’s Committee Decree No. (751) of 1992 amending the provisions of Decree No. (1060) of 1990 on reorganising the Ministry of Justice;
• The approval of the Supreme Council of Judicial Bodies in its session of 12 Jumada al-Akhera 1402 FDP corresponding to 07/12/1992 AD;

has decided:

Article (1)

The Supreme Council of Judicial Bodies (SCJB) shall hold a regular session every Tuesday of the first week of every month. The SCJB may be convened on a different date at the invitation of its chairman or vice-chairman.

In all cases, the agenda shall be attached to the call for meeting at least one week before the date of the session, with the exception of urgent cases, along with explanatory memoranda for every item on the agenda.

Article (2)

The SCJB shall convene at the Ministry of Justice. It may hold its sessions in any other location determined by the chairman. The SCJB’s sessions shall only be valid in the presence of the majority of its members. Its decisions and recommendations shall be issued by the majority of the members present. In the event of a tie, the side on which the chairman voted shall prevail.

Article (3)

The SCJB’s sessions shall be confidential. Nonetheless, non-members may be invited to those sessions in order to provide opinions or explanations regarding the matters submitted to the SCJB, provided that such members do not have the right to vote.

Article (4)

The SCJB may appoint a five-member committee of its own members, which shall be composed of the chairman, vice-chairman, and the heads of the Judicial Body Inspection Department, the Department of People’s Legal Defence, and the State Lawsuits Authority. Such committee shall exercise the SCJB’s competences in matters of delegation and secondment.

The SCJB may also establish a standing or provisional committee of non-members, provided that it is chaired by a SCJB member. Such committee shall examine the matters that fall under the SCJB’s jurisdiction and submit the outcome of its examination thereto on the date set by the SCJB.

Article (5)

The SCJB shall have a technical secretariat composed of three or more members of the judicial bodies. This secretariat shall examine the matters submitted currently or in the future to the Council, and it shall submit memoranda on its outcome. It shall also prepare the agenda in coordination with the Undersecretary of Judicial and Legal Affairs and under the supervision of the Secretary of the General People’s Committee for Justice and Public Security.

Every SCJB member who wishes to include a matter on the agenda shall notify the SCJB’s secretariat thereof in order to examine and include the same on the agenda.

Article (6)

The SCJB shall have a secretary designated from the secretariat employees. He shall prepare the minutes of the SCJB’s sessions and submit the same to the chairman within one week after the session for his signature. He shall notify the Secretary of the General People’s Committee for Justice and Public Security of the resolutions in order to take necessary action and keep the SCJB’s documents and records.

Any SCJB member shall have the right to examine such minutes.

Article (7)

The technical secretariat of the SCJB may request any data, papers, and explanations required for the examination of the matters submitted to the SCJB from the Ministry of Justice or any judicial body.

Article (8)

A special record shall be created for the SCJB’s resolutions, to be organised by chronological order and kept with the session’s secretary. It shall include the sessions’ minutes and attachments and shall be organised in a way that facilitates subsequent review.

Article (9)

The SCJB’s business shall be kept confidential. Its deliberations and the information included in the files and documents pertaining to its business shall not be divulged or disclosed to third parties.

Article (10)

The rules of procedure of the High Judicial Council issued on 12 Dhu al-Qaada 1391 FDP, corresponding to 29 December 1971 AD, shall be repealed.

Article (11)

This regulation shall enter into force from its date of issuance. It shall be published in the Official Gazette.

Ibrahim Bakkar

Chairman of the Supreme Council of Judicial Bodies

and Secretary of the General People’s Committee

for Justice and Public Security

Issued on 21 Jumada al-Akhera 1402 FDP

Corresponding to 16 December 1992 AD