قانون رقم (2) لسنة 1972 بشأن تعديل بعض أحكام قانون نظام القضاء

Law No. (2) of 1972 AD

Amending Certain Provisions of the Judicial System Law

In the Name of the People,

The Revolutionary Command Council,

·  Upon review of the Constitutional Declaration issued on 2 Shawwal 1389 AH, 

corresponding to 11 December 1969 AD;

·  Judicial System Law No. (29) of 1962 AD, as amended; and

·  Law No. (86) of 1971 AD on the Establishment of the Supreme Council of

Judicial Bodies,

·  and based on the submission of the Minister of Justice and the approval of the Council of Ministers,

Issued the following Law:

Article (1)

Articles 45, 78 and 83 of the Judicial System Law referred to above shall be replaced with the following provisions:

Article 45 - Presidents of Courts of Appeal, counsellors and judges shall be appointed and promoted by means of a decree of the Revolutionary Command Council. such decree shall be issued based on proposal of the Minister of Justice and approval of the Supreme Council of Judicial Bodies.

Seniority of judiciary members shall be determined based on the date of appointment. If two or more members are appointed by virtue of the same decree, seniority shall be for the one who is mentioned first. If appointed for the first time, seniority shall be held by the one who has highest qualification. In the event the qualifications of members are equivalent, the person who graduated first shall hold seniority, then the person with the higher grades, and then the eldest.

Article - 78 Any appointed prosecutor general shall meet the requirements of appointing a counsellor in the Supreme Court. This office may also be filled by delegation with a counsellor from the Supreme Court. The appointment in all instances shall be by virtue of a decree from the Revolutionary Command Council issued at the proposal of the Minister of Justice and the approval of the Supreme Council of Judicial Bodies.

The appointed prosecutor generals shall have all the rights and guarantees of counsellors in the Supreme Court.

Article 83 -Attorney-generals, chief prosecutors and public prosecutors shall be appointed by virtue of a decree from the Revolutionary Command Council issued at the proposal of the Minister of Justice. Prosecutors and assistant prosecutors shall be appointed by virtue of a decree from the Minister of Justice. In all cases, approval of the Supreme Council of Judicial Bodies is required.

Seniority of the prosecution members shall be determined based on the appointment decree date. If two or more members are appointed by virtue of the same decree, seniority shall be for the one who is mentioned first. If appointed for the first time, seniority shall be held by the one who has the highest qualification. In the event the qualifications of members are equivalent, the person who graduated first shall hold seniority, then the person with the higher grades, and then the eldest.

Article (2)

The schedule of grades and salaries of the judiciary and public prosecution officers annexed to the Judicial System Law referred to above shall be amended in the manner set out in the attached schedule. Upon entry of this Law into force, the current judiciary and prosecution officers shall be granted their salaries in accordance with the attached schedule, and to be calculated based on the starting salary for the grade of each of them in addition to a number of allowances equivalent to the allowances entitled to in that grade.

The settlement according to the previous paragraph shall not change the annual increase date for each of them.

Article (3)

A new clause numbered (5) shall be added to the general rules annexed to the schedule of Grades and Salaries of Judiciary and Public Prosecution Officers, and to provide as follows:

5. Housing allowance for the judiciary and public prosecution officers shall be determined in accordance with the following ratios:

45% of the salary for those occupying positions of judges and prosecutors of the first grade and above;

50% of the salary for those occupying positions of judges and prosecutors of the second grade; and

55% of the salary for those occupying positions of judges and prosecutors of the third grade, judges of the fourth grade and assistant prosecutors.

The allowance shall be calculated based on the starting salary for the grade of the judiciary or public prosecution officers, provided that this shall not be less than thirty-five dinars and not more than one hundred dinars per month. The rules applicable to housing allowances for classified government employees shall apply on the entitlement thereto, rules of disbursement, conditions of deprivation or reduction thereof and the limits thereto.

Article (4)

The Minister of Justice shall implement this decree, which shall enter into force on the issuance date thereof, and shall be published in the Official Gazette.

The Revolutionary Command Council

Muhammad Ali al-Jady..................................... Colonel / Muammar Gaddafi

Minister of Justice................................................................. Prime Minister

Issued on 22 Dhul Qadah 1391 AH

Corresponding to 8 January 1972 AD

Schedule of Grades and Salaries

of Judiciary and Public Prosecution Officers