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Part II: Legislative Authorities: Parliamentary Oversight of the Security Sector

Law No. (4) of 2014 on adopting the rules of procedure of the House of Representatives

Law No. (4) of 2014

on adopting the rules of procedure of the House of Representatives


The House of Representatives,


Upon review of:

the following Law was formulated:

Article (1)

The rules of procedure of the House of Representatives as appended to this Law shall be adopted.

Article (2)

The provisions of this Law shall come into force on the date of their approval on 15 September 2014 and all provisions conflicting therewith shall be repealed. This law shall be published in the Official Gazette.

House of Representatives – Libya

Issued in Tobruk

On 06/01/1435 AH


Corresponding to 30/10/2014 AD

Rules of Procedure

of the House of Representatives

appended to Law No. (4)

of 2014

Part (1)

Definitions and General Provisions

Chapter (1)

Definitions

Article (1)

The following terms shall, wherever found in these rules of procedure, have the meanings set out next to each, unless the context requires otherwise:

  1. House: the House of Representatives.
  2. rules of procedure: the House’s rules of procedure govern the work flow of the House and its committees and the rules on the exercise of all of its constitutional powers.
  3. Speaker’s Office: the Speaker of the House of Representatives and the Deputy speakers thereof.
  4. Speaker: the Speaker of the House of Representatives.
  5. Committees: the standing committees and other special committees formed by the House.
  6. House Office: the House’s executive unit.
  7. Director of the House Office: the executive officer of the House Office.
  8. Qualified majority: the majority stipulated in the February Committee Constitutional Document or the rules of procedure.
  9. Absolute majority of House members: half the number of House members plus one member, among those for whom the High National Elections Commission has announced the final results.
  10. Majority of those present: half the number of members present plus one member.
  11. Relative majority: where a matter obtains the greater number of votes compared to a lower number.

Chapter (2)

General Provisions

Article (2)

The House of Representatives shall approve legislation for the transitional period, grant and withdraw confidence in the Cabinet, approve the general budget, monitor the executive branch and all state institutions, approve the general policy submitted by the government, exercise the competencies provided in the interim Constitutional Declaration and amendments thereto or legislation in force, and assign pursuant thereto the competencies of the head of state provided in the February Committee Proposal, pursuant to Constitutional Amendment No. (7) amendment, for a temporary capacity until the election thereof.

Article (3)

The seat of the House of Representatives shall be in the city of Benghazi. The House may hold its sessions in any other city, with the approval of an absolute majority of its members.

Article (4)

The term of the House of Representatives shall commence on the date of its first meeting and end when the Constitution takes effect. In all cases, its term shall not exceed eighteen months from the date of the first meeting of the Constitutional Drafting Assembly, provided its mandate is not extended by referendum.

Article (5)

Members of the House of Representatives shall take the following constitutional oath in a public session before the House:

In the name of God, the Merciful, the Beneficent,

I swear to protect the independence of the nation and the safety of its territory, to respect the Constitutional Declaration and the Law, to give full consideration to the interests of the people, and to strive to achieve the principles and goals of the 17 February Revolution.

Article (6)

Members of the House of Representatives shall represent all people. Voters may not make their representation contingent on any restriction or condition. Voting is a member’s personal right and it may not be delegated. The provisions of these rules of procedure ensure the freedom of expression and thought of all members regardless of their orientation and political affiliations, without violating the dignity and freedom of others or verbally or morally assaulting any Libyan citizen.

Article (7)

Meetings of the House of Representatives shall not be valid unless attended by an absolute majority of members at the time the session begins. Decisions shall be issued by a majority vote of those present, except in those circumstances where a qualified majority is required.

Article (8)

House of Representatives sessions shall be public. The proceedings shall be recorded in minutes published as specified by the House. The House may convene in a closed session at the request of the Speaker or head of government, or at the request of one-third of the members. “Public session” shall mean live television broadcast or the attendance of certain members of the public allowed to attend to watch the session.

Part (2)

House Structures and Competencies

Chapter (1)

House Competencies

Article (9)

The House shall exercise the following legislative competencies:

  1. Issue the rules of procedure thereof.
  2. Pass the law that deals with the replacement of its members in the event of resignation, dismissal, death, or loss of membership for any other reason.
  3. Review draft laws proposed by the Cabinet, including the state’s general budget draft law, and approve the balance sheet. It shall also hold competence to make transfers between parts and chapters of the general budget and to reduce the total amounts thereof.
  4. Approve the budget of the House of Representatives and committees thereof.
  5. Review draft laws proposed by House members and committees.

Article (10)

The House of Representatives shall monitor the executive branch and the bodies affiliated thereto. Such monitoring shall include the following competencies:

  1. Interpellate and hold accountable members of the Cabinet, including the prime minister and any other official in the executive branch or body affiliated thereto.
  2. Conduct investigations of any of the officials referred to in the above paragraph with regard to any incident the House deems to be related to the public interest or citizen rights.
  3. Request information and documentation from any official body with regard to any matter related to the public interest or citizen rights or the implementation or enforcement of the laws by executive branch bodies and institutions.
  4. Request any person to appear before it to give testimony or clarify a position or state information with regard to any matter submitted to and under consideration before the House of Representatives.
  5. In accordance with the rules provided in the rules of procedure, members of the House of Representatives may perform inspection visits of ministries and state departments to review work flow and application of the law.

Chapter (2)

House Speaker’s Office

Article (11)

The House Speaker’s Office shall consist of the speaker and deputy speakers of the House.

Article (12)

The House Speaker’s Office shall undertake the following:

  1. Conduct sessions, organize voting on decisions and laws, and announce voting results, with the assistance of the rapporteur.
  2. Approve the minutes of the previous session of the House of Representatives.
  3. Establish rules on the organization of minutes and written decisions on objections submitted with regard to session minutes and summaries.
  4. Directly supervise the rapporteur in drafting the agenda for each House session, posting the agenda in the House chamber, and notifying the members thereof, attaching a copy of the draft decisions, laws, proposals, and reports included on the agenda, at least 24 hours prior to the start of the session.
  5. Coordinate with government bodies to provide everything needed to facilitate the performance and duties of House members, and provide the required protection therefor.
  6. Prepare a work plan for the House and affiliated departments and monitor the implementation thereof once approved.
  7. Approve and amend the organizational structure of the House Office and draft the administrative and financial policy thereof, after review by the House members.
  8. Prepare and amend employee regulations and staffing tables for the House and its civilian and military advisers.
  9. Assign a committee to study a given matter and resolve jurisdiction disputes among committees on cases transferred thereto.
  10. Govern the House of Representatives’ relations with the executive and judicial branches.
  11. Supervise persons monitoring the regulation and implementation of the House of Representatives’ annual budget, make transfers from one part thereof to another, and submit such to the House for approval.
  12. Implement provisions on the delegation of House members abroad, in accordance with these rules of procedure.
  13. Organize House relations with houses and parliaments in fellow Arab countries and friendly countries and the related parliamentary federations.
  14. Appoint an official spokesperson.

Chapter (3)

Competencies of Members of the House Speaker’s Office

Article (13)

The House Speaker shall manage House affairs and assume administrative, financial, and technical oversight of the work flow therein. In particular, the House Speaker shall undertake the following:

  1. Sign laws, decrees, and all letters and correspondence issued by the House or a committee thereof.
  2. Represent the House before the judiciary at home and abroad.
  3. Make sure that the House’s activities conform to the Constitutional Declaration and amendments thereto.
  4. Call the House to convene, open and preside over sessions and announce the conclusion thereof, control and manage the discussions, give permission to speak, set the topic for discussion, and direct speakers to stay on topic.
  5. Announce the decisions issued by the House.
  6. Maintain security within the House and its premises, pronounce penalties, and order the enforcement thereof.
  7. Call House committees to convene to discuss an urgent matter, and preside over committee sessions attended thereby.
  8. Sign all official correspondence with the executive branch and other bodies within and outside of the Libyan state.
  9. Consider invitations to visit the parliaments of other states, and invite these states to visit the House of Representatives, in accordance with House regulations.
  10. Call for meetings with committee chairmen and rapporteurs.
  11. Any competencies delegated thereto by the House, provided that the delegation is by a majority of one hundred and one votes.

The Speaker may delegate all or a portion of said competencies to one of the deputy speakers and notify the House of such.

Article (14)

The first deputy speaker shall perform the following duties:

  1. Perform the duties of the Speaker of the House when he is absent or unable to perform such duties.
  2. Monitor the activities of the standing committees along with the second deputy speaker and submit reports thereon consistent with what is agreed upon by the presidency body.
  3. Preside over joint meetings of the House’s standing committees.
  4. Any other duties assigned thereto by the House Speaker’s Office.

Article (15)

The second deputy speaker shall perform the following duties:

  1. Perform the duties of the Speaker of the House when he and the first deputy speaker are absent or are both unable to perform such duties.
  2. Monitor the activities of the standing committees along with the first deputy speaker and submit reports thereon consistent with what is agreed upon by the presidency body.
  3. Establish whether legal quorum is met to convene the House and supervise the recording of excused and unexcused member absences.
  4. Organize the schedule of House members who have requested to speak.
  5. Any other duties assigned thereto by the House Speaker’s Office.

Article (16)

The Speaker of the House or the deputy speakers together shall call regular weekly meetings of the Speaker’s Office, and the speaker or deputy speakers together may invite the presidency body to emergency meetings depending upon the situation. The meeting shall be valid with the attendance of a majority of the members of the Office.

Article (17)

The Speaker or the deputy speakers together shall call sessions pursuant to the agenda agreed upon in the Speaker’s Office. The sessions shall close with their agreement to close such or by voting.

Article (18)

The House Speaker’s Office shall adopt decisions by a majority of the members. In the event of a tie, the speaker shall have the casting vote.

Article (19)

When a member of the Speaker’s Office submits their resignation, such shall be accepted after approval by the House by a majority of the members present, provided that quorum for holding the session is met.

The House of Representatives may dismiss any member of the Speaker’s Office in accordance with the law.

If the position of a member of the Speaker’s Office is vacant for any reason, the House shall elect a successor to fill the vacancy at the first session convened thereby, in accordance with Article (132) of these rules of procedure.

Chapter (4)

Rapporteur, Deputy Rapporteur, Comptrollers, and Official Spokesperson

Article (20)

The rapporteur or, in the event of his absence, the deputy rapporteur shall perform the following duties:

  1. Monitor the drafting of House session minutes and supervise their documentation, signature, and submission for approval in the prescribed manner.
  2. Assist the Speaker’s Office in recording the names of the persons requesting to speak.
  3. Supervise the counting of ballots and monitor the results.
  4. Coordinate between the Speaker’s Office and House committees.
  5. Stamp all decisions and laws issued by the House, after approval by the Speaker.
  6. Receive all proposals submitted by members of the House of Representatives.
  7. Prepare the agenda in coordination with the Speaker’s Office.
  8. Receive and file all standing committee meeting minutes.
  9. Summon State ministers for interpellation through the Minister of State for House of Representatives Affairs.
  10. All matters related to the House of Representatives with regard to leaves, delegations, and the like.
  11. Receive all decisions of the Prime Minister’s Office and transfer them to the House of Representatives’ standing committees according to competency.
  12. Communicate with the High Elections Commission with regard to members of the House of Representatives.
  13. Any other duties assigned thereto by the House Speaker’s Office.

If the rapporteur and the assistant thereof are absent, the Speaker may invite the youngest member to take their place.

Article (21)

Comptrollers shall undertake the following:

  1. Monitor the preparation of the House’s annual budget, supervise the implementation thereof, give permission for disbursements therefrom, and close its account.
  2. Monitor member attendance and absence.
  3. Authorize the public to attend and watch House sessions.
  4. Monitor protocol affairs.
  5. All matters related to House of Representative member allocations with regard to opening bank accounts, House Office correspondence on member allocations, and statements.
  6. All activities requested of them by the Speaker.

Article (22)

The House’s official spokesperson shall perform the following duties:

  1. Communicate with the various media.
  2. Publicise the House’s news and various activities.
  3. Hold the necessary press conferences to clarify House policies and goals.

In all cases, the official spokesperson is not entitled to perform any of the activities of the preceding items except with special permission from the presidency body.

Chapter (5)

House Committees

Article (23)

Committees shall be formed by agreement among House members, taking specialization and willingness into consideration when possible. If it is not possible to reach an agreement with regard thereto, an election by relative majority shall be held. Membership therein shall be held by those receiving the top places for the number of seats specified for the committee under these rules of procedure. In the event of a tie, priority shall go to the oldest member, then by lot if the ages are the same.

A House member may not be on more than two standing House committees.

Article (24)

If a House member is elected to more than two standing House committees, the member shall select the two committees that they wish to remain a member of by a written letter submitted to the House Speaker prior to the date of the session following the committee session where the election was held, otherwise they shall be duly deemed to be a member of just the two committees to which they were elected first.

Article (25)

Committees shall meet at most three days after their elections, at the invitation of the House Speaker’s Office, and each committee shall elect a chairman, vice chairman, and rapporteur by secret ballot.

A committee’s meeting to elect a chairman, vice chairman, and rapporteur shall not be deemed valid unless attended by an absolute majority of its members.

Article (26)

Committee members may re-elect its chairman, vice chairman, and rapporteur, with the approval of an absolute majority of its members.

Article (27)

The House shall form standing and interim committees. Each standing committee shall have no less than seven members and no more than fifteen members. All of these committees shall have an oversight role within their area of competence.

There shall be twenty-two standing committees, as follows:

  1. Legislation and Constitutional Committee
  2. Foreign Affairs and International Cooperation Committee
  3. Defence and National Security Committee
  4. Interior Affairs Committee
  5. Administration and Local Governance Committee
  6. General Freedoms and Human Rights Committee
  7. Economy, Commerce, and Investment Committee
  8. Youth, Labour, and Social Affairs Committee
  9. Production Sectors Committee
  10. Health and Environment Committee
  11. Housing and Facilities Committee
  12. Transportation and Communication Committee
  13. Energy and Natural Resources Committee
  14. Education Affairs Committee
  15. Media, Culture, and Civil Society Institutions Committee
  16. Planning, Financial, and General Budget Committee
  17. Displaced Persons Affairs Committee
  18. Justice and National Interest Committee
  19. Endowments and Islamic Affairs Committee
  20. Martyred, Injured, and Missing Persons Affairs Committee
  21. State Oversight Agencies Monitoring Committee
  22. Women and Children’s Affairs Committee

Article (28)

The Legislation and Constitutional Committee shall hold competence in the following:

  1. Review draft laws, treaties, agreements, and decisions having the force of law with respect to the constitutionality and legality of such and provide its opinion to the concerned body.
  2. Study draft laws transferred thereto and submit a report thereon to the House.
  3. Provide constitutional and legal opinions requested by the House, Speaker’s Office, ten members of the House, or one of the committees thereof on any matter submitted thereto.
  4. Ensure that the wording of legislation conforms to that approved by the House prior to issuance thereof, and work to incorporate the amendments approved by the House into the originals thereof in order to be issued together in a final formulation. It may seek the assistance of the related committees, if required.
  5. All works assigned to the Committee by the House.

Article (29)

The Foreign Affairs and International Cooperation Committee shall hold competence in the following:

  1. Research and study all matters related to the State’s foreign policy affairs and diplomatic representation. Monitor the international and regional situation and international political developments.
  2. Study legislation proposals regulating the diplomatic and consular corps.
  3. Review and study protocols and cooperation agreements between the House and other parliaments, in coordination with the House Speaker’s Office.
  4. Monitor all parliamentary activities and events outside the House and participate with the House Speaker’s Office in establishing the general framework for the House’s parliamentary relations, participate in carrying out its events, and make proposals ensuring the development and improvement of the House’s foreign relations and monitor the implementation thereof.
  5. Monitor and study political agreements, protocols, and treaties between Libya and fellow Arab countries and friendly countries, in cooperation with the Legislation and Constitutional Committee.
  6. Oversee and monitor the bodies holding competence in expatriate affairs so as to ensure their connection to their country, provide assistance thereto, and help in overcoming the difficulties they face at home and abroad.
  7. All works assigned to the Committee by the House.

Article (30)

The Defence and National Security Committee shall hold competence in the following:

  1. Monitor the State’s foreign security affairs.
  2. Monitor interior security affairs and fight terrorism and crime.
  3. Review and study legislation related to defence and national security affairs.
  4. Oversee all military institutions and departments and monitor the performance level thereof.
  5. Monitor all cases referred thereto by the House concerning the armed forces and members thereof and the intelligence agencies.
  6. Oversee the level of implementation of military laws.
  7. All works assigned to the Committee by the House.

Article (31)

The Interior Affairs Committee shall hold competence in the following:

  1. Study and monitor interior state security affairs.
  2. Review and study legislation, agreements, and treaties related to Ministry of Interior affairs so as to achieve security and stability within the country.
  3. Oversee security institutions and departments and monitor the performance level thereof.
  4. Monitor all cases referred thereto by the House concerning security.

Article (32)

The Administration and Local Governance Committee shall hold competence in the following:

  1. Review and study all matters related to local administration and the affairs of governorates, municipalities, and the administrative units affiliated thereto.
  2. Oversee the implementation of laws on local administration and the affairs of governorates, municipalities, and the administrative units affiliated thereto.
  3. Review the administrative legislation and regulations in force and make proposals to improve and amend such.
  4. Propose draft laws ensuring the development of administrative regulations in the country, support plans to automate them in accordance with the latest scientific and technical means so as to achieve spatial development.
  5. All works assigned to the Committee by the House.

Article (33)

The General Freedoms and Human Rights Committee shall hold competence in the following:

  1. Monitor human rights in accordance with the principles set out in the Constitutional Declaration, monitor violations thereof, and propose remedies.
  2. Monitor the affairs of prisoners and persons detained in prisons.
  3. Communicate with international human rights organizations.
  4. All works assigned to the Committee by the House.

Article (34)

The Economy, Commerce, and Investment Committee shall hold competence in the following:

  1. Review and study draft laws, agreements, plans, and programs related to economic, commercial, and investment affairs.
  2. Oversee and monitor compliance with health and safety quality standards, specifications, and measures, and the level of implementation of plans and programs related to economic, commercial, and investment affairs.
  3. Monitor national and foreign investment affairs and propose laws and decisions that encourage investment projects in the country.
  4. Monitor banks, credit, loans, and insurance and oversee domestic and foreign commerce.
  5. Monitor and study the performance of the price stabilization fund.
  6. All works assigned to the Committee by the House.

Article (35)

The Youth, Labour, and Social Affairs Committee shall hold competence in the following:

  1. Monitor youth affairs and raise and develop the level of their competence in various fields.
  2. Monitor and improve the affairs of athletes and athletic institutions.
  3. Take an interest in improving laws and legislation on maternal and child welfare, solidarity, and disability-issues.
  4. Review and study all matters related to professional training programs and developing human resources in all fields.
  5. Exercise oversight over the level of implementation of plans, programs, and legislation related to youth and sports affairs, as well as maternal and child affairs, solidarity, and disability issues.
  6. Exercise oversight over the level of implementation of plans, programs, and legislation related to labour, civil service, and administrative reform affairs as well as those related to insurance, pensions, social security, professional training, and human resources development.
  7. All works assigned to the Committee by the House.

Article (36)

The Production Sectors Committee shall hold competence in the following:

  1. Review and study all matters related to the agricultural, animal, and marine resources sector, as well as the industrial and tourism sectors and the other institutions and bodies related to these sectors.
  2. Monitor and assess agricultural, industrial, and tourism policies adopted by the government and oversee the activities of bodies within the scope of the Committee’s competence.
  3. All works assigned to the Committee by the House.

Article (37)

The Health and Environment Committee shall hold competence in the following:

  1. Review and improve the country’s health policy commensurate with the best government services.
  2. Monitor plans to provide medication and medical devices from internationally certified sources.
  3. Review and study all matters related to environment and public health affairs.
  4. Oversee all matters related to the environment and public health fields.
  5. Monitor the implementation of environmental protection laws and measures throughout the country.
  6. Monitor the protection and development of green areas in the country’s cities and rural areas.
  7. Monitor and encourage the ministries concerned with treating desertification.
  8. Monitor the landfill of hazardous waste and propose laws that ban such land filling in areas of the country.
  9. All works assigned to the Committee by the House.

Article (38)

The Housing and Facilities Committee shall hold competence in the following:

  1. Review and study plans, programs, agreements, and legislation related to installations, housing, urban development, electricity, water, and sanitation.
  2. Oversee the level of implementation of the programs and plans of such bodies.
  3. All works assigned to the Committee by the House.

Article (39)

The Transportation and Communication Committee shall hold competence in the following:

  1. Review and study all matters related to land and sea transport, transportation, and communications.
  2. Oversee the activities of such bodies.
  3. All works assigned to the Committee by the House.

Article (40)

The Energy and Natural Resources Committee shall hold competence in the following:

  1. Review and study draft plans, programs, and laws related to development and investment projects concerning water, energy, mineral, and petroleum affairs.
  2. Review and study agreements and contracts relate to petroleum, gas, and mineral resources affairs.
  3. Oversee the safe implementation of plans, programs, agreements, contracts, and all activities of the bodies falling within the Committee’s competence.
  4. All works assigned to the Committee by the House.

Article (41)

The Education Affairs Committee shall hold competence in the following:

  1. Review and study draft laws, agreements, plans, and programs related to education of all types and at all educational establishments.
  2. Oversee the level of implementation of educational curricula, plans, programs, and laws so as to ensure sound and accurate application.
  3. Monitor all educational stages and curricula.
  4. Monitor and improve universities and academic research centres.
  5. All works assigned to the Committee by the House.

Article (42)

The Media, Culture, and Civil Society Institutions Committee shall hold competence in the following:

  1. Review and study all matters related to the media, culture, publications, newspapers, the arts, and publishing houses.
  2. Monitor and assess media policies established and approved by the government.
  3. Oversee the performance of bodies and institutions operating in the media and culture fields and publishing houses, so as to contribute to serving economic, social, and cultural goals, in a manner that does not conflict with our Islamic values.
  4. Propose and support legislation and measures ensuring the development and activation of civil society institutions, in keeping with the specific nature of Libyan society
  5. All works assigned to the Committee by the House.

Article (43)

The Planning, Financial, and General Budget Committee shall hold competence in the following:

  1. Monitor the State’s general budget and transfer between the parts thereof.
  2. Propose legislation related to customs, taxes, and fees.
  3. Monitor the financial policy of the various State ministries and institutions and sovereign funds.
  4. Oversee and track the government’s public expenditure.
  5. Monitor the substantive reports of the Audit Office and other oversight agencies.
  6. Study and propose legislative provisions related to general fiscal oversight.
  7. Monitor the State’s fiscal and monetary policy.
  8. All works assigned to the Committee by the House.

Article (44)

The Displaced Persons Affairs Committee shall hold competence in the following:

  1. Monitor the return of forcibly displaced or removed persons to their homes prior to displacement and the return of their moveable and immovable property.
  2. Monitor the extent of the government’s concern for the affairs of internally and externally displaced persons until they return to their homes.
  3. Study proposed draft laws that work to ensure the return of all displaced persons to their homes.
  4. All works assigned to the Committee by the House.

Article (45)

The Justice and National Interest Committee shall hold competence in the following:

  1. Monitor legislative, judicial, and administrative procedures that deal with the effects of the events that occurred during the transitional period, with the aim of achieving reconciliation and strengthening social peace, after achieving justice through bringing the perpetrators of crimes of murder, torture, rape, and theft of public funds before the judiciary for suitable penalization.
  2. All works assigned to the Committee by the House.

Article (46)

The Endowments and Islamic Affairs Committee shall hold competence in the following:

  1. Review and study all matters related to endowments and Islamic affairs.
  2. Oversee the level of implementation of plans, programs, and laws related to endowments and Islamic affairs.
  3. All works assigned to the Committee by the House.

Article (47)

The Martyred, Injured, and Missing Persons Affairs Committee shall hold competence in the following:

  1. Review and study draft laws, plans, and programs related to martyred, injured and missing persons affairs.
  2. Oversee the level of implementation of plans, programs, and laws related to martyred, injured and missing persons affairs.
  3. All works assigned to the Committee by the House.

Article (48)

The State Oversight Agencies Monitoring Committee shall hold competence in the following:

  1. Monitor cases of administrative and financial corruption in the various State bodies.
  2. Monitor and oversee the work of integrity bodies and institutions: the Integrity Commission, the Inspector General’s Department, the Financial Oversight Office, and other independent bodies.
  3. Propose draft laws related to integrity.
  4. All works assigned to the Committee by the House.

Article (49)

The Women and Children’s Affairs Committee shall hold competence in the following:

  1. Submit proposed draft laws that support the role of women and children and their place in society and the political process.
  2. Take an interest in and defend the rights of women and children in accordance with human rights regulations, taking into consideration the specific nature of Libyan society.
  3. All works assigned to the Committee by the House.

Article (50)

Standing committees may elect a subcommittee from among its members to study specific matters.The subcommittee shall submit a report on the results of its work to the standing committee.

Article (51)

Each committee shall have an office consisting of a number of secretaries, technicians, specialists, experts, and advisers affiliated to the House Office, according to the nature of the work of each committee, to assist it in preparing reports, studies, and research related to the committee’s legislative and oversight work. The committee may seek the assistance in its activities of one or more experts or advisers from outside the House Office, provided their financial remuneration is set in accordance with the law. In all cases, no such persons may participate in voting.

Article (52)

The chairman shall supervise the committee’s activities. Persons working in the committee secretariat shall, without violating their professional affiliation to the House Office, conduct the committee sessions, and shall be replaced by the deputy speaker when absent. If both are absent, the rapporteur shall undertake the task. When committee meetings are presided over by the rapporteur, or in the event of the rapporteur’s absence as well, the committee shall elect a special rapporteur to draft the reports on the subjects to be studied.

Article (53)

Each deputy speaker of the House shall have the right to review committee minutes even if they are not a member of such committee, on condition that such review is on the committee’s premises. Upon completion of the committee’s work in the House, all documents related to the committee’s activities and minutes thereof shall be filed in the Houses’ general archives.

Article (54)

Committee meetings shall only be valid if half of the members are in attendance. Decisions on matters submitted to the committee may only be adopted by an absolute majority of the members present.

Article (55)

Priority in speaking in committee meetings shall be given to government representatives, then to committee members, then to persons submitting proposals referred to the committee, then to House members present.

The prescribed rules for the order of speaking in House sessions shall apply to committee sessions, in a manner consistent with the provisions on committees provided in these rules of procedure.

Article (56)

As soon as the House Office receives the drafts, proposals, and all cases that must be studied in the committees, the Speaker shall refer them to the competent committees. The House of Representatives shall not discuss any draft or proposed law prior to its review by the competent committee.

Article (57)

Committees shall meet at the invitation of its chairman. When the chairman is unable to perform such, the vice chairman shall do so, based on an assignment from the chairman. The committee rapporteur shall notify committee members of the meeting date along with the agenda set by the chairman, with copies of the drafts, proposals, and all transactions listed on the agenda attached, at least one day prior to the meeting date.

Article (58)

Members of the government and assistants thereof delegated thereby may attend committee sessions during the discussion of matters within their competencies, unless the committee decides otherwise.

Each committee may invite, through its chairman, members of the government or heads of public departments and bodies, or others who manage State activities or sectors, to hear their opinion and clarifications on matters under the Committee’s consideration.

Members of the government and other persons holding public positions and jobs must attend the committee sessions to which they are invited. They may bring with them experts and specialists from their ministries or the agencies they supervise, and they must all submit the information, documentation, and clarifications that assist the committee in the performance of its work.

Article (59)

All members of the House shall have the right to state their opinion, orally or in writing, on a matter or draft referred to a committee, even if they are not a member of such committee.

The member shall give their opinion to the committee chairman, if in writing, prior to the date set for review of the matter. The committee chairman shall submit the opinions submitted by House members to the committee, after corresponding with the member about the date set for its submission to the committee and inviting them to attend in order to provide the committee with the observations and clarifications they deem necessary. Such member shall not have the right to vote.

Article (60)

Committees shall study the topics submitted thereto in consecutive order by date received, with the exception of urgent draft laws and matters that the committee decides to prioritize and seek the assistance of advisers and specialists in the study thereof.

Article (61)

Committees shall complete their study of the matters submitted thereto and file its report thereon to the House Speaker’s Office within two weeks at most from the date it was received. The study of urgent drafts must be completed and the report thereon filed within one week at most. At the end of the period, the House Speaker shall present the draft to the House, irrespective of whether the committee has completed its study or not.

Article (62)

If the matter or proposal falls within the competencies of more than one committee, the House Speaker or a deputy speaker may invite the committees to a joint meeting presided over thereby. If each committee has studied it separately and if the Speaker sees a disparity in the proposed texts that might lead to complication of the discussion or voting in the general session, the competent committees must meet in one joint session presided over by the House Speaker or a deputy speaker, to study the matter and draft a unified report. The House Speaker may submit a matter to the joint committees of their own volition or at the request of at least twenty representatives. Committees may draft proposals and issue necessary recommendations.

Article (63)

When more than one committee meets to study one matter, the committees shall together elect a special rapporteur to draft the unified report. The report must include all the different points of view and opinions presented in the committee. The joint committee shall be considered as one committee when voting.

Article (64)

Committee reports shall be filed to the House Office to be entered into the agenda of the House’s general sessions, in the order received, giving priority to urgent drafts.

Article (65)

Committee members shall be informed of the general budget draft immediately upon receipt by the House. The Planning, Financial, and General Budget Committee shall invite every House committee, at least two days prior, to attend the meetings in which the budget related to the bodies the committee supervises is studied. The members of this committee shall participate in the discussion, submit proposals, and vote.

Article (66)

Members of the Speaker’s Office may not be members of the House’s standing committees.

Article (67)

Anyone who is absent from five consecutive sessions or seven non-consecutive sessions without a legitimate excuse submitted to the committee chairman, vice chairman, or House Office shall be deemed legally resigned. The House Office shall deal with vacant committee seats without violating the rules on loss of membership.

Article (68)

Minutes recording the names of those present and absent, with or without an excuse, the agenda, a summary of the discussions, legislative texts, and all matters related to this discussion shall be drawn up for each committee session. These minutes shall be signed by the committee’s chairman and rapporteur. Full minutes of House committee discussions on draft laws and proposed draft laws and significant substantial amendments to basic laws on important political, economic, or social matters shall be prepared. The committee rapporteur shall also prepare a brief report on each meeting including the original texts, proposals, amendments, and other necessary information and publish it on the House’s website. The House Speaker may decide to print these minutes and publish them in the appropriate manner.

A copy of the committee meeting minutes shall be filed with the House Speaker’s Office.

Article (69)

The committee report must contain a statement of its proceedings, its opinion on the matter referred thereto and the grounds thereof, the opinion of the committee or committees that provided observations, and a summary of the other opinions provided in the committee meetings on the matter, as well as the written opinions and proposals given thereto. The texts of the drafts and legislation covered in the report shall be attached to the committee’s report, along with its explanatory memorandums. The committee report must include the dissenting opinions stated by its members on the matter and a summary of the grounds of these opinions, if the person stating such opinion requests such in writing from the committee chairman.

Article (70)

The committee chairman shall submit its report to the House Speaker to consider its inclusion in the agenda. The report must be printed and distributed to the members of the House at least twenty-four hours prior to the session set for review thereof, unless the House Office decides, in urgent circumstances, to include the matter in the agenda and simply read the report in the session.

Article (71)

The House Speaker and every House committee may, through its chairman or rapporteur, request that the House return the report to the committee, even if the House has started to review it, to reconsider the matter or certain aspects thereof, in light of matters discussed or new circumstances or considerations that have arisen. The House shall decide on such after hearing the opinion of the committee chairman or rapporteur and the opinion of the government.

Article (72)

Each House committee may obtain all the data, information, and documents related to the matters referred thereto from every official or public body. It shall collect the materials necessary to enable the House and its members to form their opinion on the matter on sound objective bases upon its discussion. House committees may perform field visits related to inspecting the matter referred thereto. In this case, the House shall bear the necessary expenses, after approval by the Speaker’s Office.

Article (73)

The House Office shall refer to the competent committees all information, papers, and documentation related to the matter referred thereto, and committee members may review such, as may any member of the House.

Article (74)

Each House committee may request information or clarifications from the minister on the activities of their ministry or branches thereof, or the bodies, institutions, agencies, and departments they supervise. Members may, through their committee or the competent committees, request information or data that enables them to study a specific matter related to their exercise of their representative responsibilities. The government shall respond to requests for information within a period not exceeding fifteen days from the date they receive such request.

Article (75)

Upon review of a draft law or matter within their competence, committees may request all studies, research, information, documentation, clarifications, statistics, and data related to the matter that have been approved by the government in the preparation of the draft. Committees may request that the experts, technicians, and specialists who contributed to such appear in order to present the issues related to the draft or matter and the objectives thereof to the committee.

Article (76)

Each committee shall submit a report monthly or on each date set by the House. The report shall include the committee’s activities, number of meetings, working hours, decisions, recommendations, and work outcomes. Committee chairmen and members shall be prohibited from releasing any information on the deliberation and discussion of matters submitted to committees, prior to their presentation to the House in accordance with these rules of procedure.

Part (3)

Membership

Chapter (1)

Membership Provisions

Article (77)

It is not permissible to be a member of both the House and a Ministry, and House members may not hold membership on committees or boards of directors of public or consulting companies, agencies, or institutions.

Article (78)

If a member of the House no longer meets the requirements set out in Law No. (10) of 2014 on electing the House of Representatives in the transitional period, their membership shall be terminated.

Article (79)

Members of the House shall abide by the following:

  1. Attend sessions of the House and the committees to which they belong. Absences shall only be allowed with a legitimate excuse as determined by the Speaker or chairman of the competent committee.
  2. Abide by the Code of Representative Conduct and Ethics contained in these rules of procedure.
  3. Inform the House Office of any travel outside of Libya and the reasons therefor.

Article (80)

The House Office may grant representatives an annual regular leave of fifteen days.

Representatives shall be entitled to sick leave as determined by the House Office.

Members shall not be deemed absent during those periods wherein they are sent on a delegation by the House of Representatives.

Article (81)

During their membership in the House, members of the House of Representatives shall be deemed de jure full-time employees by way of secondment. Members may not combine their salary from their original job with their salary from the House and they shall receive only the one allocated to them by the House, with the exception of non-governmental organisations not funded by the State treasury. In all cases, such shall not impact their professional and academic rights for the term. They may return to their previous professional duties upon completion of their duties in the House of Representatives.

Article (82)

Membership in the House of Representatives shall end by resignation, death, loss of eligibility, or the inability of a member to perform their duties. It shall also terminate if confidence or esteem is withdrawn, they no longer meet the membership requirements for their election, or if they violate their duties. Decisions terminating membership shall be issued by an absolute majority of House members.

Article (83)

If a seat in the House of Representatives is vacant, an alternate shall be selected therefor by election in the subdistrict they represent within a month from the date the House notifies the High Elections Commission of the vacancy. The new member’s term shall end with the end of the House term.

Article (84)

Members of the House of Representatives shall be prohibited from using their capacity in any advertising related to financial, industrial, commercial, or professional projects. They also may not contract with State departments directly or through a third party during their membership term, and they may not use their membership for their personal interest or communicate with State and government institutions individually or unofficially.

Article (85)

House members may not be involved in any activities of the judicial or executive branches or communicate with them without permission and authorization from the committee.

Chapter (2)

Resignation

Article (86)

Members of the House of Representatives may resign from House membership by express written letter submitted to the House Speaker. If the resignation contains a condition, it shall be deemed invalid.

Article (87)

The Speaker shall inform the House of the resignation, by reading the resignation letter aloud in open session. The resignation shall be deemed final and may not be withdrawn once the House is informed of it.

Article (88)

A member who has submitted their resignation may withdraw such resignation by written letter submitted to the House Speaker, prior to the House being informed of it, and the resignation shall be deemed to have never been filed.

Chapter (3)

Representative Immunity and the Lifting Thereof

Article (89)

All members of the House shall have representative immunity. Except in cases of in flagrante delicto, they may not be arrested and no criminal measures may be instituted against them except with written permission from the House.

If a member is arrested in flagrante delicto, the Speaker of the House of Representatives shall be notified of such within forty-eight hours. The Speaker of the House of Representatives shall inform the members of the matter at the first session held thereby. The House shall have the right to decide, when necessary, to suspend prosecution of the member and release them temporarily until the end of their term in the House, based on a joint committee report.

Article (90)

The Prosecutor-General shall submit a request for permission to prosecute, attaching thereto a memorandum including the type of crime and time and place of its commission, and a summary including sufficient proof necessitating the adoption of urgent measures.

Article (91)

Requests to lift immunity shall be submitted to the Speaker of the House, who shall, immediately upon receipt of the request for permission to prosecute, call for a joint committee. Such committee shall submit a report thereon to the House within a maximum of two weeks from the date it receives the request.

Article (92)

If the committee does not submit its report by the deadline specified in the preceding Article, the House Office must inform the House of such at the first session convened thereby. The House may decide to grant it the additional time it deems sufficient, or take up the request and decide thereon directly.

Article (93)

When the House discusses a request to lift immunity, the discussion must continue until a final decision is made on the matter, and it must be confirmed that the request for permission to prosecute is not motivated by political objectives or purposes, or filed with the intent of harming the member or preventing them from performing their duties. Decisions to lift immunity shall be made by an absolute majority of those present.

Article (94)

Permission to prosecute shall be valid only for the act identified in the request to lift immunity.

Part (4)

House Sessions

Chapter (1)

Session Order

Article (95)

The House shall hold two general sessions each week, and the remaining days of the week shall be allocated to sessions of the standing and interim committees. The House may hold more than two sessions a week, as called by the Speaker’s Office.

Article (96)

The House Speaker shall maintain order and security inside the House chamber. Members of the security force other than those affiliated to the House may not be summoned except by request from the Speaker, in enforcement of the rules of procedure. The Speaker shall give permission to speak and bar the same in accordance with the rules of procedure and shall order member statements be recorded in the minutes and that the statements of those not granted permission to speak be removed. The Speaker shall ask the questions necessary to run the session, announce the decisions issued by the House, and have the right to participate in voting like all House members.

Article (97)

Attendee lists shall be placed at the disposal of members at least a half hour prior to the opening of the session, so members may sign them when they arrive. When it is time to open the session, the Speaker shall review the lists. If it is found that legal quorum is not met, the Speaker may postpone opening the session one hour. If quorum is not met after that, the Speaker shall announce that the session is not being held due to failure to meet quorum.

Article (98)

After the session is opened, the session rapporteur or deputy thereof shall read the names of those present, those members unable to attend, and those absent. Then the House shall decide on approving the minutes of the previous session. After that, the Speaker shall notify the House of any documents and papers received thereby, prior to commencing review of the issues listed on the agenda.

Article (99)

The House Speaker may decide to suspend the session if the House does not complete the discussion of a given matter. Sessions held subsequently to complete the discussion shall be deemed a continuation of that session.

Article (100)

Detailed minutes of each session shall be recorded, including all events, discussions, and decisions that happen during the session. The minutes shall be printed and a hard copy thereof shall be placed at the disposal of members for review. A copy of the minutes shall also be sent to the email address of the House of Representatives within three days at most.

Article (101)

The detailed minutes shall be deemed final when no objections are made thereto within forty-eight hours of their receipt by the members.

Article (102)

If for any reason the minutes are not approved in accordance with the preceding Article, the House Office shall meet to approve them.

Article (103)

House members shall be seated inside the chamber in the order agreed upon by the members. Members shall be in their places a sufficient time prior to the time of the session’s opening.

Article (104)

Smoking, eating, the use of mobile phones, or any behaviour or conduct that disrupts order shall be prohibited during sessions.

Chapter (2)

Attendance and Absence

Article (105)

Members who fail to attend a session must notify the House Speaker of the reasons for their non-attendance. If they must be absent for more than a month, they must obtain permission from the House Speaker. Members may not request indefinite leave, and members who have attended a session may not leave it permanently prior to its end, except with permission from the Speaker.

Article (106)

If a member is absent without an acceptable excuse more than five consecutive times or ten non-consecutive times, their membership allocations shall be cut off for one month. If the number of absences exceeds this number, the matter shall be referred to the House to determine the percentage to be deducted from the allocations as deterrence or sanction to the absent member. The House Office shall send a written notice to the absent member calling on them to attend as required. If they fail to comply, the matter shall be submitted to the House, at the request of the House Office.

Article (107)

If a member of the House must be absent for more than one session, other than for official business, they shall submit a request to the House Office stating the reasons for the absence. This request shall be submitted to the House stating the reasons for the absence. This request shall be submitted to the House for informational purposes at the first session convened thereby.

Article (108)

Attendance and absences shall be published in the House’s usual bulletin and on its official website.

Article (109)

When a session is not convened because quorum is not met, the rapporteur shall compile a list of names of the members absent, with or without an excuse. The list of absent members shall be entered into the minutes of the session from which they were absent and the Speaker shall announce that the session will not convene due to failure to meet quorum.

Chapter (3)

Discussions

Article (110)

First, the draft under discussion with the reasons requiring such shall be read aloud, then the report of the competent committee and the amendments proposed thereby, then the discussion will be opened up by giving the floor to those members whose names were recorded prior to the session, in order, and then to members who request to speak during the session.

Article (111)

The Speaker shall have the right to explain the drafts, reports, and amendments proposed by committees or one of the members in order to facilitate deliberation and discussion. If the Speaker wishes to participate in the discussion and take a position on the draft, they must leave the podium and sit in the members’ seats until the end of the discussion of the matter, and the first or second deputy speaker or rapporteur, in that order, shall conduct the session.

Article (112)

Generally, after discussions end, the House shall move to vote on the draft’s articles one by one, unless a motion is made to reject the draft, in which case that motion shall be voted on first, and if accepted by the House, the draft shall be deemed rejected.

Article (113)

At its request, the government shall have priority in speaking once, when any draft is being discussed, followed by committee chairmen, then the rapporteur thereof, then persons who have submitted the proposals under discussion, if the discussion did not deal with the committee’s report and amendment or the proposal submitted.

Each member shall have priority in speaking one time on each matter related to these rules of procedure or if a proposal is submitted to amend the draft or proposal under discussion, and they wish to explain or withdraw it.

Members may not speak more than once in the general discussion of one matter, except in those cases provided in these rules of procedure.

Article (114)

Members whose names have been entered on the list of those who wish to speak may give their turn to a member whose name is not listed on the agenda. In this case, such member may not speak until after all members asking to speak have spoken.

Article (115)

Speakers must address the Speaker or the House only. Reading aloud is not permitted except from reports, supporting documents, papers, and texts that contain numbers, in budget discussions, and the discussion of ministerial statements.

Chapter (4)

House Speaking Order

Article (116)

No one may speak in a session until they have asked to speak and the Speaker has given them the floor. The Speaker may not refuse to give permission to speak except for a reason requiring such under these rules of procedure, with the exception of requesting the urgent completion of reports on matters referred to House committees, or procedures related to the performance of their duties. Requests to speak on a matter referred to a committee shall not be accepted until after its report has been submitted and entered into the House’s agenda.

Article (117)

The period for speaking given to a member of the House and government shall, in all cases, be as follows:

For questions: Ten minutes each for the questioner and the competent minister.

For interpellation: Fifteen minutes for the interpellator to explain their inquiry, fifteen minutes for the government, and five minutes for each other member.

For the budget and discussion of ministerial statements: A half hour for each member.

Other cases: The House Speaker shall set the speaking period for each member as required.

Article (118)

Discussion of ministerial statements shall take place in the session held at least 48 hours after the session in which it was read, unless the statement was distributed to House members for a similar period prior to the session.

Article (119)

Each member may submit to the House Speaker a written request for clarification on a matter the member wishes to inquire about from the House Speaker’s body. The House Speaker may briefly respond to the inquiry in the session, without conducting any discussion thereon, then the House shall review the remaining matters listed on the agenda.

Article (120)

The House Office shall prepare the agenda, which must be circulated by the Director of the House Office to the members twenty-four hours prior to the start of the session.

A matter not listed on the agenda may not be deliberated, except at the request of the government or Speaker of the House, or based on a substantiated written request submitted to the House Speaker by at least ten members. The House shall approve its entry into the agenda by a vote of a majority of half the members present plus one.

The person submitting the request may not speak on the matter until the House has approved it, based on the submission of the Speaker, and the House shall issue a decision thereon without discussion. However, the Speaker may allow one supporter and one opponent of the request to speak for a period not exceeding five minutes each.

Article (121)

If the House approves discussion of a matter not included on the agenda, the discussion shall be conducted after completion of the items listed on the agenda in a new agenda item, unless the House agrees, at the request of the government or a third of the members, to deliberate it immediately, in accordance with the conditions provided in the preceding Article.

Article (122)

Without prejudice to any special provision in this regard on speaking priority, the Speaker shall give the floor to those requesting it, in the order in which they submitted their requests, keeping in mind the interests of the discussion. When there is a divergence of views, the Speaker shall, to the extent possible, alternate in giving the floor to supporters and opponents of the matters under discussion.

The prime minister, deputy prime ministers, ministers, deputy ministers, and government delegates shall always be given the floor whenever they request such of the Speaker of the House, after the original speaker finishes. During the discussion of matters originating from their committees, committee chairmen and rapporteurs shall be given the floor whenever they request such of the House Speaker.

Article (123)

Requests to speak may be made at any time in the following circumstances:

  1. To argue that the matter submitted may not be deliberated because it conflicts with the Constitutional Declaration and amendments thereto.
  2. To direct attention to observation of the House’s rules of procedure.
  3. To correct a specific fact claimed, or respond to a statement that affects the person asking to speak.
  4. To request postponement or defer consideration of the matter proposed for discussion until a decision is made on another matter that must be settled first.

These requests shall be given priority over the original matter, and shall result in suspension of discussions until the House issues a decision thereon.

Persons requesting to speak may not speak on the matter on which they wish to speak before the original speaker finishes, unless the Speaker permits them to do so, and if the request to speak is based on one of the reasons set out in items (1) and (2). Prior to giving permission to speak in the cases set out in items (1) and (2), the member must identify the article of the Constitutional Declaration or House rules of procedure on which it is based, and state the type of violation. They must also, in the cases set out in items (3) and (4), identify the incident, statement, or matter referred to in these items by a written request submitted to the House Speaker.

Article (124)

If, after giving the member permission to speak, it is found that they have spoken in violation of any of the provisions of the preceding Article, the House Speaker may withdraw the floor from them, and may also warn them not to repeat such or they will be prevented from speaking on the matter submitted until the end of the session.

Chapter (5)

Violation of the Rules on Speaking in Sessions

Article (125)

Speakers must express their opinion and point of view while maintaining order and general etiquette of speaking and their speech must not harm the prestige of the state or its institutions. Speakers must also not repeat their statements or those of others and may not stray from the matter under discussion, or give an order that violates the session’s order or due dignity.

Article (126)

The House Speaker shall have the sole right to interrupt speakers or make observations. The House Speaker shall also have the sole right to warn a speaker, while they are speaking, that they have violated the preceding paragraph or other provisions of these rules of procedure, or that they have sufficiently explained their view and that it is out of place for them to continue speaking. The Speaker may order that everything a member has said in violation of these rules of procedure be removed from the session minutes.

Article (127)

If the Speaker warns a speaker in accordance with the preceding Articles, and the speaker violates the speaking order again in the same session, the Speaker may submit that the House bar them from speaking on the same matter, or bar them from speaking until the end of the session. The House’s decision on this shall be issued without discussions.

Article (128)

The Speaker shall have the right to bar a speaker from continuing to speak without a decision from the House in the following circumstances:

  1. If they speak without permission from the chair.
  2. If they attack others’ personal lives.
  3. If they expose a person or body to injury or insult.
  4. If they speak off the topic on which they were given permission to speak.
  5. If they speak about a case that is no longer under investigation or review by the judiciary.
  6. If the period of time they were given to speak ends.

With the exception of these circumstances, speakers shall not be prevented from speaking except by a decision from the House.

Article (129)

Priority in discussions and voting shall be given in the following order:

  1. Proposals to reject a draft.
  2. Proposals to return a draft to the government.
  3. Proposals to send a draft to a committee other than the one that studied it.
  4. Proposals to return a draft to the committee that studied it.
  5. Proposals to postpone discussions to the following session.
  6. Amendment proposals, starting with the one furthest from the original.
  7. Amendment proposals on an amendment.
  8. Proposals to approve the original draft.

Article (130)

All members shall have the right to move to close discussion on a subject that two members have spoken in support of and two members have spoken on the rejection or amendment thereof, with the exception of matters related to the Constitutional Declaration and amendments thereto, confidence, and general budget discussions.

Motions to close discussions shall be made orally or in writing to the Speaker, who shall order they be read aloud to the House. The party submitting the motion shall have the right to explain the motion once, in a period not to exceed five minutes, and two members shall be allowed to oppose it, prior to putting it to a vote.

Article (131)

If the motion to close discussions passes by a majority, voting on the proposed matter shall commence immediately. If a majority is not obtained, a new motion to close discussions may not be made until four other members have spoken on the matter: two in support of the matter, and two on its rejection or amendment.

Chapter (6)

Penalties

Article (132)

If a member of the House violates session order or speaking order therein, one of the following penalties shall be imposed:

  1. Oral warning
  2. A warning recorded in the minutes
  3. A ban on speaking for the remainder of the session
  4. Removal from the meeting chamber, and prohibition from participating in the remainder of the session items.

Article (133)

If a member of the House commits a felony on House premises, the Speaker shall order their arrest and detention in a specific location, until they are surrendered to a representative of the judicial police, immediately upon the arrival thereof.

If the act is a misdemeanour, the Speaker of the House may inform the competent authorities to take legal measures.

Part (5)

Elections and Voting

Chapter (1)

Elections

Article (134)

In the event of multiple candidates, election of the Speaker and deputy speakers of the House shall take place by secret ballot. If none of the candidates receive an absolute majority (half of the members plus one), the winner shall be determined by a second round of voting, which shall be limited to the two persons who received the most votes in the first round (first and second place).

The rapporteur, deputy rapporteur, and three comptrollers shall be selected from among the members of the House by a relative majority of House members. The comptrollers who receive the top three places in voting shall win the election.

If there is a tie, the winner shall be determined by lot.

Article (135)

Elections shall be on forms bearing the House’s stamp. The following shall be deemed invalid and will not be counted in determining the majority in each election conducted by the House:

  1. Forged papers (other than those approved by the House)
  2. Papers containing an identifying mark or distinction of any kind.
  3. Papers with more than one mark where the voter’s intent is not clear.
  4. Blank papers: papers placed in the box without a mark; the number of which shall be announced.

Article (136)

If a seat in the House Speaker’s Office is vacant, the House shall elect a successor thereto in the first session convened thereby, in accordance with the procedures provided in Article (132).

Article (137)

The House may withdraw confidence from its speaker, deputy speakers, rapporteur, deputy rapporteur, or any of the comptrollers in the following circumstances:

  1. If it is definitively found that they are medically unable to perform the duties of their position, provided this is established using conclusive medical methods.
  2. If it is found for certain their intent to harm the House’s work or office, or disrupt the sessions thereof.

Chapter (2)

Voting

Article (138)

Voting on draft laws and proposals thereof shall be voted on article by article, by electronic voting. After voting on individual articles, voting shall take place in the same manner on the matter as a whole. Each paragraph of a single article may be voted on individually. In this case, the vote on the entire article shall not be repeated.

If the chamber is not equipped with an electronic voting system or if there is any disruption that might occur barring the use thereof in voting, voting may take place by a show of hands.

Article (139)

Prior to voting on a draft or proposed law in full, the House, may, even if voting on its articles has begun, decide to return it to the committee that studied it or to another committee or joint committees for review in light of the discussions that took place and to draft a new report thereon within a period of ten days at most. After the new report is written, the matter shall be entered onto the agenda, and it shall be voted on again.

Article (140)

Voting on confidence shall be done by secret ballot, and the answer shall be one of the following words: confidence – no confidence – abstain. In all cases, the number of abstaining votes shall not be counted in the qualified majority.

Article (141)

Draft laws that permit entering into international treaties and agreements without submission of the articles of such treaties or agreements may be voted on article by article.

Article (142)

Voting on recommendations, decisions, and all matters not listed in the preceding Articles shall take place by electronic vote or a show of hands, in the event that the chamber is not equipped with an electronic voting system or due to any disruption that might occur preventing its use in the voting process.

Part (6)

Legislation

Chapter (1)

Legislation Procedures

Article (143)

Representatives shall submit law proposals to the House Speaker’s Office, attaching a memorandum containing the grounds and attaching ten House members’ approval of this proposal.

Article (144)

The House Speaker shall refer the proposed law to the competent committee(s) and to the head of government for review, unless the rules of procedure provide for special rules.

Article (145)

After approval by ten members, each member may submit a proposal with a request related to the public interest or submit a proposal with a decision requesting the House to issue such, provided such proposal is submitted in writing to the House Speaker with an explanatory memorandum attached, stating the subject of the request or decision or the public interest considerations to be submitted to the House,

Article (146)

Every ten members who have submitted a law proposal may request the withdrawal of their proposal in a written letter submitted to the House Speaker, unless the House has commenced discussions of the proposal. If the House has commenced discussion of the proposed law, the proposal may only be withdrawn with the approval thereof.

If the proposal to be withdrawn has been adopted by a member of the House, the House must continue reviewing it.

Article (147)

Proposed laws that are rejected or withdrawn may not be resubmitted before two weeks have passed since the issuance of the House decision rejecting it.

Article (148)

Based on the request of ten members or the competent committee and the government, and after the grounds are stated, the House may decide to urgently review a matter submitted thereto.

Article (149)

If a matter that has been placed under urgent review is a proposed law, the House shall refer it to the committee holding competence in the matter, or the committee it selects, to study first the permissibility of its review then the subject thereof.

Article (150)

The committee shall study the matters that have been deemed urgent before other matters, and shall submit a report thereon to the House within a week at most. If the House rejects deeming a matter urgent, the matter shall be referred to the competent committee, which shall follow the ordinary procedures with regard thereto.

Article (151)

The House Speaker may notify the body submitting the proposal in writing of the proposal’s violation of constitutional or legal principles, after it has been submitted to the competent committees, or failure to conform to the required format, or for containing provisions included in laws in force, and request the correction or withdrawal thereof. If those submitting the proposal maintain their opinion, they must submit a written memorandum to the House Speaker on their point of view, in light of what has taken place, within a week from their notification. The Speaker shall submit the matter to the Speaker’s Office and inform the head of the body submitting the proposal in writing of the Office’s decision in this matter. If the body submitting the proposal maintains its point of view a second time, the Speaker shall, one week after being notified, submit the matter to the House of Representatives for its opinion.

Article (152)

The Speaker of the House of Representatives shall refer proposed and draft laws to the Legislative and Constitutional Committee to study and prepare a report thereon for the House containing the opinion on the permissibility of reviewing, rejecting, or postponing the proposal. The Speaker may propose that a proposal be rejected by the House for grounds related to the matter in general. If approved by the House, it shall be transferred to the competent committee.

Article (153)

If a draft law related to other draft laws referred to a committee is submitted, the House Speaker shall transfer it to this committee directly, unless the committee has not started studying the articles of the draft or proposal.

Article (154)

With regard to proposals related to draft laws, the procedures for discussion of draft laws provided in these rules of procedure shall apply, without prejudice to any special provision made in this regard.

Article (155)

Those submitting proposed laws may withdraw them by a written request submitted to the House Speaker at any time prior to the start of discussion on the articles thereof. The withdrawal of a proposal shall result it in being deemed null and void, unless a member requests to continue reviewing the proposal by a written request submitted to the House Speaker.

Article (156)

The Speaker of the House of Representatives shall refer draft laws submitted by the executive branch to the competent committee for study and its opinion, before presenting it to the House for discussion, which shall take place with a representative of the committee submitting the draft present.

Article (157)

When reviewing draft laws, each member may propose amendment by removal, addition, or division of the articles in those amendments submitted. The amendment must be submitted in writing to the head of the committee at least twenty-four hours prior to the session in which the articles covered by the amendment will be reviewed.

Article (158)

The Planning, Financial, and General Budget Committee must obtain the opinion of the Cabinet on each amendment proposal made by the committee to the allocations included in the draft budget, and the committee must include in its report the government’s opinion on this matter and its justifications therefor. This provision shall apply to each amendment proposal submitted by any House committee or member if it results in a financial burden.

Article (159)

The person heading the session shall read aloud the committee’s report and any opinions that dissent from the majority of the committee members, in the session set for discussion. In all cases, discussion shall be based on the draft submitted by the committee.

Article (160)

Deliberations shall begin by discussing the general rules and principles of the draft on the whole. If the House does not approve the draft in principle, by a majority of its members, the draft shall be deemed rejected.

Article (161)

After approval of the draft in principle, the House shall move to discuss its articles one by one, after each one is read aloud. Opinions shall be taken on each article individually, and then on the entire draft, after all of its articles have been read aloud in full.

Article (162)

After the discussion of an article and the proposed amendments submitted thereon has been completed, the opinion on these amendment proposals shall be taken first, beginning with the broadest in scope and furthest from the original text, then the opinion shall be taken on the article in full.

Article (163)

If the House approves a provision in an article which requires making an amendment to a previously approved article, the House may discuss this article again. The House may also discuss again an article that was previously approved if new grounds are expressed prior to completion of deliberations on the draft, at the request of the government, committee head, or fifty members of the House.

Article (164)

Voting on a draft law may not take place until deliberations thereon are completed, in accordance with the following:

First, the draft law is read a first time.

Second, the draft law is read a second time at least two days later and after written amendment proposals are received and then discussed.

Chapter (2)

Challenging Draft Laws

Article (165)

The head of state may approve and enact laws passed by the House of Representatives, after they are sent thereto and within ten days from the date they are received. If not approved, the procedures set out in Article (19) of the official February Committee Proposal pursuant to Constitutional Amendment No. (7) amendment shall be followed.

The House shall have the right, in accordance with Constitutional Amendment No. (8), to act on behalf of the head of state in a temporary capacity by following the same procedures set out in the preceding paragraph of the same Article.

Article (166)

The House of Representatives shall hold a session for this purpose, and the House shall refer the documents related to the non-approval of the head of state or representative thereof in a temporary capacity and the information related thereto to the competent committee to study the challenged draft and the grounds for such challenge. The report of the competent committee shall be submitted to the House for review as an urgent matter. If the House approves the challenged draft law by the legally-prescribed majority, the law shall be forwarded for publication without need to enact it and it shall be deemed approved.

Chapter (3)

Financial Laws and the Budget

Article (167)

The budget shall be submitted to the House on the first of October before the end of the fiscal year. General budget and balance sheet draft laws for each year shall be referred to the competent committee upon receipt thereof, for study and discussion.

Article (168)

The Planning, Financial, and General Budget Committee shall submit its report to the House on the general budget and balance sheet draft law within a period not exceeding thirty days from the date the draft was referred thereto.

Article (169)

The report shall be discussed in general before moving to discuss sections of the budget and approve the items thereof. After the discussion of the report in general is completed, the House shall vote on commencing discussion of the draft.

Article (170)

When deliberating and approving the draft budget, the House may increase the requested allocations without government approval, whether as an amendment thereto or by a proposal, and the House may, after completion of discussions and approval of the draft budget, approve a draft law creating new items.

Article (171)

The House may cancel or reduce allocations in the draft law, and it may also move these allocations from item to item, part to part, or section to section.

Article (172)

Voting on the draft budget and draft laws related to opening additional or exceptional allocations shall be conducted item by item.

Article (173)

No more than two proposals on reductions may be put to a vote, and the proposal containing the highest number shall be voted on first.

Article (174)

The House shall approve the law closing the balance sheet and expense budget and the budget law and revenues budget.

Article (175)

The House may not abolish a department or position existing pursuant to a law in force by cancelling the allocations entered into the budget. If it wishes to cancel such, it must do so by a special law.

Article (176)

Without prejudice to Article (165), if the House does not approve the budget and no grounds are provided for such within ninety days from the date it is submitted to the House, the government shall have the right to disburse 1/12 of the same financial expenses of the fiscal year ended, until it is voted on by the majority prescribed for voting in the House of Representatives.

Part (7)

Government Appointments and Accountability

Chapter (1)

Government Appointments

Article (177)

During their membership in the House, members shall not be entitled to be candidates for the position of prime minister or a minister of one of the ministries, and they may not be selected for any government position.

During their membership they may also not be a member on a committee or board of a public or investment company, institution, or agency.

Article (178)

The head of government named by the head of state shall form their government and submit such along with a brief statement on its programs to the House within a period not to exceed fifteen days from the date of being named by the head of state or person acting in their place, as the case may be.

Article (179)

The House Speaker shall call a general session, within a period of at least three days from the date it receives the file forming the government, to grant confidence therein by an absolute majority of those members who have performed the constitutional oath, provided quorum is met (half the number of members plus one). The same procedures shall be adopted in the event of a ministerial change. The vote shall be to grant confidence to the government as a whole, and reservations may be made on one or more ministers at the request of forty members.

Article (180)

When the deadline provided for the formation of the government passes without the government being formed, or if the House does not grant confidence therein, the prime minister-designate shall be given an additional ten days to form the government. If they are unable to do so, the head of state shall name another person to form the government.

Article (181)

The head of government and members thereof shall perform the legal oath stated in the official February Proposal pursuant to Constitutional Amendment No. (7), before the head of state or person acting in their place, after being granted confidence by the House of Representatives.

Chapter (2)

Posing Questions

Article (182)

  1. One or more members shall have the right to put oral or written questions to the government as a whole or to a minister. After the discussion of the written questions contained in the agenda is completed, oral questions may be asked.
  2. The government may respond to the question immediately, or ask to postpone the answer. In this case, a letter containing the question as it was received shall be forwarded to the competent minister by the House rapporteur.

Written questions shall be posed through the House Speaker. The government may answer them in writing within a week at most from the date the question is received.

Article (183)

If the government finds that answering the question requires conducting an investigation or collecting information that it is unable to obtain by the deadline set in the preceding Article, it shall inform the House Speaker’s Office in a letter sent thereto requesting an extension of the deadline.

The Office may grant it a sufficient one-time extension.

Article (184)

If the government does not answer the member’s question by the legal deadline, they may refer the question for examination.

Article (185)

After the deadline set for answering a question passes, the questions shall be entered into the first session allocated to questions and answers. Answers received shall also be entered.

Article (186)

After reading the question and response thereto aloud, the member shall either announce that they are satisfied and the discussion of the matter shall close, or they shall announce their desire to speak. At that time, they alone shall be given the right to speak on the matter of the question, and the government shall have the right to answer. If the questioner announces their satisfaction with the answer, the discussion of the matter will close. Otherwise, they shall have the right to refer it for examination, and the rules observed for examinations shall be followed.

If there is no answer, the questioner shall be given the right to speak. The government shall have the right to answer orally. At that time, the rules set out in the above paragraph shall be followed. In all cases, the time given to the member or to the government to speak shall not exceed ten minutes.

Article (187)

Questions from other members may not be adopted if the member asking the question announces their satisfaction with the government’s answer.

Chapter (3)

Interpellation

Article (188)

One or more members may request interpellation of the government as a whole or a minister on a given matter.

Interpellation requests shall be submitted in writing to the House Speaker, who shall in turn forward them to the government for response.

Article (189)

The government shall respond to the interpellation request within a maximum of ten days from the date they receive such, unless the response requires conducting an investigation or gathering information that prevents it from submitting an answer by said deadline. In this case, the government or competent minister shall request an extension from the House Speaker’s Office, stating the reasons for the extension request. The Office may extend the deadline as it deems sufficient.

Article (190)

Immediately upon receipt of the response to the interpellation, or after the deadline has passed if the government did not respond thereto, the matter for interpellation shall be entered into the agenda of the first session allocated to interpellation, by date of receipt. The discussion must be limited to the matter for interpellation. The session may not be converted to a session for discussing the government’s policy in general, except by agreement of the House, based on a request from the government.

Article (191)

Interpellation questions and responses thereto shall be distributed among the members at least three days prior to the session date.

Article (192)

After reviewing the interpellation and response aloud, the floor shall be given to the party submitting the interpellation, then to the government.

After all interpellation questions have been asked and responded to, the floor shall be given to anyone who wants to speak. Following such, confidence in the government may be withdrawn by an absolute majority of the members.

If the interpellator announces their satisfaction with the government’s response, the Speaker shall announce the end of the discussion, unless one of the members adopts the matter for interpellation, in which case the rules set out in the above paragraph shall be followed.

Article (193)

A session shall be set to discuss with the government its general policy, at the request thereof or the request of at least twenty members and with the approval of the House.

Article (194)

If the House of Representatives decides by a majority of its members to withdraw confidence in the government, the government shall be deemed to have resigned and shall continue to perform its work until a new government is named. If the decision concerns one minister, they shall be deemed to have resigned.

The House of Representatives shall not review proposals to withdraw confidence except by a request from one-quarter of the House of Representatives. Such requests shall not be submitted for discussion until eight days after its submission, and no opinions taken thereon until two days after completion of the discussion.

Chapter (4)

Parliamentary Investigations

Article (195)

The House Speaker’s Office may decide to conduct a parliamentary investigation into a specific matter, based on a proposal submitted thereto for discussion, or in response to a question or examination into a specific matter or a draft submitted thereto by a parliamentary investigation committee selected by the House at the request of the head of state or one-third of its members.

The committee shall conduct its investigation and file the report on its work to the House Speaker, who shall present it to the House to decide on the matter.

Article (196)

The committee shall have the right to review all documents in all departments of the state and request that it be served with copies thereof. It may also hear statements and request all clarifications it deems of use to the investigation.

Article (197)

The committee shall have the right to appoint a fact-finding subcommittee for a specific case. If the competent department fails to provide the requested information to the subcommittee, the subcommittee shall file a report on the matter to the investigation committee that formed it. This committee shall refer the matter to the House Speaker, who shall submit it to the House in order to adopt its procedures in this regard.

Article (198)

The House may grant parliamentary investigation committees the powers of judicial investigating bodies, provided the decision is issued in a general House session.

Part (8)

House Office Budget

Chapter (1)

House Budget

Article (199)

The budget of the House shall be an independent budget and the House Office shall prepare the draft thereof. The House’s budget shall be approved by procedures adopted by the Speaker or one of his deputy speakers, together with the comptrollers, after it is submitted to the House. House allocations shall be entered into the general budget of the state under specific parts and items and deposited into the House’s accounts at one time. The House shall issue financial regulations thereon, including in particular contracting methods, disbursement permission and those authorized to perform disbursements, and all other provisions to ensure a true and transparent control audit.

Article (200)

At the end of the fiscal year and within thirty days, the comptrollers shall submit a detailed report to the House Office on the House budget for the year ended, setting out therein disbursals and the extent of their conformity with House policies. After receiving the report, the House Office shall submit it at the next meeting thereof. After the committee head reads the report aloud, there shall be a general discussion, followed by recommendations or decisions.

Article (201)

Until the laws regulating the financial transactions of members of the House of Representatives set out in the official February Committee Proposal pursuant to Constitutional Amendment No. (7) are issued, the legislation regulating the financial transactions of the General National Congress shall apply temporarily to members of the House of Representatives. Members of the House of Representatives shall also be issued diplomatic passports in accordance with the laws governing political and consular work in Libya.

Chapter (2)

Office of the House of Representatives

Article (202)

The House Office shall represent the General Secretariat of the House and shall be formed of the general departments, support departments, and sections in the organizational structure of the House’s technical, administrative, and financial unit.

Article (203)

The House shall have office branches in Tripoli and Sebha, and in any other city it decides as needed. A House Office director and branch heads shall be appointed. The branches shall be formed of technical, administrative, and financial units.

Article (204)

The House Office shall provide services, technical and technological consulting, and specialized research, and coordinate the works required to assist the House and all members, committees, and units thereof in exercising their competencies and responsibilities, in accordance with the regulatory rules issued by the House.

Article (205)

The House Speaker’s Office shall supervise the House Office and all of its affairs and administrative, financial, and technical activities.

Article (206)

Where no special provision is made in these rules of procedure, any legislation previously issued by the National Transitional Council or the General National Congress shall apply to employees of the House Office, or the provisions that apply to civilian employees of the state in the event that no legislation was issued by the aforementioned authorities, until new legislation is issued by the House.

Based on a proposal from the Director of the House Office, the House shall issue the regulations governing the House Office and the regulations on House employees, which shall have the force of law.

Article (207)

The Director of the House Office shall be appointed pursuant to a decision from the House and selected from among three candidates recommended by the House Speaker’s Office, based on professional standards related to the duties of their job, provided that the approval obtains a majority of the House members present. The Director of the House Office shall be dismissed by the same procedure.

The Director of the House Office shall supervise all of the House Office’s departments, divisions, and offices, and shall be responsible before the Speaker for the proper work flow therein.

Part (9)

Representation of the House of Representatives before
International Organizations and Bodies

Article (208)

The House of Representatives shall select someone to represent it before the international and regional parliamentary organizations of which it is a member by holding elections, according to the number of seats required, and ensuring appropriate representation of women when possible.

Members selected shall provide the House with periodic reports on their activities in those parliamentary organizations.


Article (209)

If the House wishes or has been invited to attend or participate in a symposium, seminar, meeting, or conference of an international organization or body or to visit other countries, the House shall send a delegation to represent it. The House Office shall designate a delegation head from among those chosen by the House, and the administrative and advisory staff accompanying it.

Article (210)

Following each House Office assignment, the delegation head shall submit a detailed report on the assignment on which they were sent, within not more than one week. The House Office shall do as it deems fit with regard to this report.

This report shall be published in accordance with the conditions to be issued by the House Office.

Part (10)

Miscellaneous Provisions

Chapter (1)

Code of Conduct

Article (211)

The Code of Conduct and Ethics aims to bolster the values of democracy and citizenship, work for the greater good, and improve the role of parliamentary responsibility. For this purpose, the Code shall set out the basic principles of parliamentary work as well as the duties and rules of conduct related thereto.

Article (212)

Basic ethical principles shall form the general authoritative framework on whose basis the detailed rules provided in this section are defined, as follows:

  1. Working for the greater good: Representatives must work in the interests of the nation and citizens, put the greater good before any other interest, avoid conflicts of interest with their representative duties, and not use their capacity or representative powers to for their personal interest, or their or their family’s financial or real interest.
  2. Representatives must not be subordinate to a natural person or legal entity in a manner where such subordination hinders the duties thereof as provided in these rules of procedure. They shall also not place themselves under any financial or other obligation to individuals or groups that might impact their representational duties.
  3. Responsibility and commitment: Representatives are responsible for their decisions, authorizations, and approvals before citizens and shall base such on precise and credible grounds.
  4. Honesty and integrity: Representatives must represent the nation with complete honesty and safeguard and work to strengthen citizen’s trust in them, and to be characterized by the qualities of integrity, virtue, and honour. They must also avoid using any expressions or performing any acts or signs involving insult, threat, intimidation, provocation, cursing, or discrimination of any kind.
  5. Renounce violence and avoid the incitement thereof.

Chapter (2)

General Behaviour

Article (213)

Representatives must adhere to the Constitutional Declaration and amendments thereto and to the provisions of these rules of procedure among themselves, especially on matters related to the attendance of general House sessions, sessions of their committees, and the various house activities as provided in these rules of procedure.

They must also release a written statement to the Audit Office including details on the possessions and assets in their direct or indirect possession, in accordance with the laws in force.

Article (214)

Representatives shall adhere to the electoral programs on which they were elected, in a manner that does not conflict with the Constitutional Declaration and amendments thereto and the laws in force in Libya.

Article (215)

Each representative in the House shall, out of their own personal initiative and with the assistance of the Information Technology Department at the House Office, open an account or create a page on social media sites, in accordance with the rules set by the House Office, and include all of their activities inside the House, their discussions in general sessions and committee sessions and the oral and written questions and examinations they pose in those sessions, as well as the reports, proposed laws, and amendments they submit, their visits domestically and internationally, and any duty of a representative nature that they perform.

Members shall be fully responsible for all of the information and statements they publish. They must aspire to truth and objectivity in their writings and adhere to the general rules of conduct and manners.

Article (216)

Representatives shall wear clothing appropriate to the respect due to the House, and shall refrain from speaking on phones, reading newspapers, magazines, and books or the like during general sessions or committee sessions. Eating food and meals during sessions is prohibited.

The House Office shall work to monitor the implementation and enforcement of all provisions contained in this Part and respect for the rules contained therein. It shall assign whoever it deems suitable to undertake such, and may also, when necessary, direct warnings or notices to the concerned parties.

Article (217)

Committee rapporteurs and those appointed by House bodies shall, during their preparation of reports and prior to the publication thereof, adhere to neutrality, objectivity, and integrity and not use information they receive during their representative duties except as relates to those duties.

Article (218)

Representatives may not leak any confidential information they obtain in their capacity to achieve a specific interest.

Article (219)

Any representative that finds that they may not be able to maintain the neutrality or integrity of their decisions with regard to a proposal, draft law, membership on a parliamentary fact-finding committee, or a temporary exploratory assignment due to its connection to their personal interest shall inform the House Speaker of such before the start of the discussion of the proposal or draft law or undertaking a research, fact-finding, or exploratory assignment.

Part (11)

Closing Provisions

Article (220)

Requests to amend these rules of procedure may be submitted by a written proposal submitted by at least ten members to the House Office. The amendment shall not enter into force until it obtains an absolute majority of votes of House members.

Article (221)

This Law shall come into force on the date of its approval and all provisions conflicting therewith shall be repealed. This Law shall be published in the Official Gazette.

House of Representatives – Libya


Issued in Tobruk


On 06/01/1435 AH


Corresponding to 30/10/2014 AD

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