The Constitutional Drafting Assembly
Committee on the Form and System of Governance
Initial Draft for Proposed Texts
(The Legislative and Executive Authorities)
Al-Bayda, 21 December 2014
Part on the Form and System of Governance
The governance system in the Libyan state is representative and based on the principle of political pluralism and peaceful rotation of power.
Public Authorities
The Public Authorities in the Libyan State are: the legislative authority, the executive authority and the judiciary. The relationship between these authorities shall be in accordance with the principle of balance and oversight.
Chapter (1) – The Legislative Authority
The legislative authority shall consist of the national assembly, with its two chambers (The House of Representatives and the Shura Council) has the authority to legislate, approve the state’s public policy, the general plan for economic and social development and the state’s public budget. It exercises oversight over the actions of the executive authority, each according to its competences and in the manner provided for in the constitution
I – The House of Representatives
The House of Representatives shall consist of one hundred and forty-four members elected through free, secret and direct voting in accordance with provisions of the elections law, provided that voters have completed eighteen years of age. Appropriate representation of all chapters and social, cultural and linguistic components of the Libyan people shall be ensured (Amazigh, Tubu and Tuareg).
A candidate for member of the House of Representatives shall be: a Libyan Muslim; not hold another nationality; enjoys his civil and political rights; has an educational qualification; has completed twenty-five years of age when candidate registration is opened; has his name listed on the election lists in the electoral district; has not been convicted of any felony or dishonourable misdemeanour, in addition to the other conditions provided for in the election law.
The House’s term is four years starting on the date of its first session. Elections to renew the House take place during the last sixty days of its term. The President of the State or the Prime Minister shall call the House to session within fourteen days of the date that the final results of the elections are announced.
The House shall hold its first session chaired by its eldest member, with the youngest member acting as rapporteur, in order to elect the House’s Speaker’s Office, which consists of a speaker and two deputies, who serve a two-year term. The next election of the House’s Speaker’s Office shall place in accordance with the House’s bylaws
The House’s sessions shall not be valid unless attended by at least an absolute majority of the members. Decisions shall be taken with an absolute majority of members when approving laws, and in any other cases provided for by the constitution.
Proposing a draft law, or a draft proposal to amend a law to the relevant committee in the House of Representatives is the right of:
1. The President of the State;
2. The Prime Minister;
3. Five members of any of the two chambers;
4. Three thousand voters.
Any judicial authority or constitutional body may propose any draft laws related to its own affairs.
Specialised committees in the House of Representative may accept or reject proposals for draft laws or draft proposals to amend laws within a period not exceeding thirty days, and its decision to accept or reject the proposal shall be justified.
Specialised committees may hold hearings about certain proposals in the presence of experts and specialised individuals from the government, research centres and universities.
Specialised committees shall draft the accepted proposals in the form of draft laws, refer them within sixty days of receipt to the House to vote on them, with the exception of draft laws received from the government, which should be referred to the House within fourteen days of receiving them. Any proposal rejected by the House may not be presented again in the same legislative session
If the House of Representatives approves a draft law, or a draft amendment of a law, it shall be refereed within a period not exceeding three days to the President of the State to issue it and have it published within thirty days of the date of referral. The law shall enter into force as of its publication in the Official Gazette.
The President of the State may return the draft law with amendments, and the House may approve the draft with amendments with an absolute majority, within fourteen days, or without amendments with a two-thirds majority. In all cases, the draft shall be referred to the President of the State to pass it within eight days. If the House does not approve the law it becomes null and void.
The President may not return any draft approved by the Shura Council.
In addition to any other powers provided for in the constitution, the House of Representatives has the following powers:
Every member in the House of Representatives may put questions to the Prime Minister or a minister on a subject within their mandate. They must answer these questions in the same session, and the member has the right to comment on the answer
Any member in the House of Representatives may interpellate the Prime Minister, or any minister, on issues within their mandate in the form shown in the House’s by laws and in a manner that does not limit the member’s right to express his opinions and comment on the answer.
Discussion on a given interpellation may not take place until at least eight days after the date it is submitted and no later than within a period of thirty days, except in emergency situations and after the approval of the person to whom the interpellation is addressed
II — The Shura Council
The Shura Council shall consist of seventy-two members elected through secret, free, direct, public and individual voting in accordance with the election law, provided that voters have completed at least twenty-five years of age.
Representation shall be equal among the three geographical regions, and equality shall be considered in distributing seats among the governorates within these regions, while ensuring appropriate representation for every chapter and social, cultural and linguistic component of the Libyan people (the Amazighs, Tubu and Tuareg
A candidate for membership of the Shura Council shall be: a Libyan Muslim; who does not hold another nationality; has his name listed in the election tables of the electoral district; enjoys his civil and political rights; has at least a higher education qualification; has completed forty years of age when candidate registration is opened; and has not been convicted in a final judicial ruling in a felony or misdemeanour of moral turpitude or breach of trust, in addition to the other conditions provided for in the election law.
The Shura Council’s term is six years starting from the date of its first session. New members shall be elected for half the seats every three years, while the half replaced for the first time shall be chosen by drawing lots. Elections shall take place during the last three months of every three years, and those whose term has finished may be re-elected.
The President of the State or the Prime Minister shall call a session within fourteen days of the date that final results of the elections are announced
The Council holds its first session under the chairmanship of its eldest member, while its youngest member acts as rapporteur, to elect the Council’s presidency which consists of the speaker and his two deputies. They serve a three-year term. The next elections for the Council’s presidency takes place every three years
The Council’s meetings shall not be valid unless at least two-thirds of the members attend. Decisions shall be taken with at least the absolute majority of the members of the Council. Draft laws shall be approved with a majority of two-thirds plus one of the members of the Council.
The Shura Council has the following powers:
If the both chambers disagree twice about a draft law, a joint committee consisting of an equal number from the two chamber shall be formed to settle differences and propose a consensus text, after which the draft law shall be referred to the two chambers to be voted on.
If the joint committee fails to reach a consensus solution within sixty days of the date the proposal is presented for the first time to the Shura Council, the Shura Council shall make the necessary amendments and approve it. The draft law shall be referred to the House of Representatives to take the necessary measures to pass it
At least twelve members of the Shura Council may submit a request to the Council’s Speaker’s Office, which includes good reasons to dissolve it.
The Council shall meet within eight days of the date the request is presented in order to study it. The decision to dissolve the Council shall be taken by at least the absolute majority of the members. Otherwise, the request shall be rejected, and no other request may be presented on the same subject during the same year.
If the Council is dissolved, the existing council shall continue to discharge its duties until a new Shura Council is elected within sixty days from when the decision to dissolve it is passed. The handing over procedures shall take place in accordance with the Council’s bylaws.
With the election of the new Shura Council, the President of the State shall submit his resignation and act in accordance with the provisions of Article (57).
Based on a request presented by 24 members of the Shura Council for the resignation of the President of the State, the Shura Council shall meet within eight days to decide on accepting or rejecting the President’s resignation. Voting shall be secret and with at least a two-thirds majority.
If they vote “Yes”, the President shall submit his resignation and act in accordance with Article (57), and if the request is rejected, no other request may be made on the same subject in the same year
III – General Rules for the Two Chambers
A member of the National Assembly represents the whole people, and his electors may not limit his representation with any constraint or condition
Before a member of any of the two chambers takes office, he shall take the following oath before his chamber: “I swear by Almighty God to be faithful to God and the nation, to respect the constitution and the laws of the country and to discharge my duties with the utmost truth and sincerity in the service of the nation”.
A member of the National Assembly may not hold any other public position, nor be a member in both chambers at the same time.
Members of the National Assembly may not be censured for the views they express in the two chambers or in the committees formed by them, while abiding by the chambers’ bylaws
Challenges to the validity of the election of members of any of the two chambers of the National Assembly may be submitted within three days of announcement of the final results, and the challenge shall be filed before the competent court. The Supreme Court shall decide on the challenge within thirty days of the date of receiving it. If the Court rules that the membership is invalid, the chamber to which the member belongs shall take a decision to end his membership as of the date it is informed of the decision
A member of the National Assembly should dedicate all his time to discharge the duties associated with his membership. His original job shall be retained for him in accordance with the law, and the member shall receive financial remuneration as set by the law.
Within the first month from taking the oath and assuming his position, each member of the National Assembly shall be required to declare his personal financial assets, and those of his wife or wives, and minor children. The declaration should be detailed and should show their movable and fixed assets and their credits and debits inside and outside Libya. He shall also provide a financial statement at the end of each year and at the end of their term in office. All the statements shall be kept at the chamber to which the member belongs.
Each of the two chambers shall issue its own bylaws in accordance with the constitution, and they shall be published in the Official Gazette. In drafting their bylaws, each chamber shall take into account coordination and complementarity with the other chamber in order to ensure the efficiency of parliamentary work.
At least ten members of the House of Representatives or five of the Shura Council may propose to hold a session of the chamber to which they belong in order to discuss a subject or to receive clarifications about the policy of the President of the State or the government on the subject.
The speaker of each chamber shall maintain order and security in his chamber. No armed force may enter the chamber or be close to its doors, except upon the request of its speaker. Any aggression against the premises of the two chambers shall be deemed a crime punishable by law
Members of the National Assembly shall enjoy parliamentary immunity, and each of the two chambers may charge any of their members of committing high treason or violating the constitution.
The indictment shall be issued by the chamber to which the member belongs, upon a request made to the Speaker by at least twelve members of either or both chambers, and with the absolute majority of the members. The decision includes lifting the member’s immunity and suspending him, and referring the case to the Prosecutor General to take the necessary legal actions.
If the member is convicted, the relevant chamber shall pass a decision to remove him from office. The convicted person shall remain subject to the charge and to trial, sentencing, and punishment in accordance with the law.
A member of the National Assembly shall be subject to the criminal procedures provided for by the law in cases of in flagrante delicto, or a misdemeanour of moral turpitude. In cases other than in flagrante delicto, no criminal measures may be taken against a member, except upon prior permission of the chamber to which he belongs, and upon a written request by the Prosecutor General. When the House is not in session, permission is given by the chamber’s speaker, and the chamber shall be informed in its first session.
The decision on the request to take criminal measures against the member shall be taken within fourteen days at the latest from the date that the request is received; otherwise, the request shall be considered accepted
The resignation of any member of the two chambers shall be accepted, provided that that it is made in writing, and provided that the chamber to which the member belongs has not started procedures to withdraw his membership
Membership in either of the two chambers shall end for any of the following reasons:
The decision to terminate membership shall passed by the chamber to which the member belongs.
When a seat of a member in either of the two chambers becomes vacant for any of the reasons mentioned in Article (37), at least six months before the end of membership, an alternative member shall be chosen in accordance with the election law and in accordance with the provisions of this constitution within thirty days of the date of the vacancy, and the term of the new member shall extend until the end of his predecessor’s term and shall end with the end of the chamber’s term.
The National Assembly shall be based in the cities of (Al-Baida, Benghazi, Tripoli, Sebha), and each of its two chambers shall hold its ordinary meetings in accordance with the law in two ordinary sessions every year, and each session shall last at least four months. It may hold its meetings in any other place.
Sessions of the two chambers shall take place at the same time and the first session shall start within fourteen days of the date that the final results of parliamentary elections are announced.
The National Assembly shall convene in both chambers under the Chairmanship of the Speaker of the Shura Council. In his absence, the meeting shall be chaired by the Speaker of the House of Representatives, and if he is absent, the eldest member of those present shall chair the session with the attendance of the majority of the members, in the following cases:
The National Assembly meet in extraordinary cases at the Assembly’s headquarters or in any other place upon the request of the President of the State, or whoever succeeds him in accordance with the provisions of this constitution, or upon the request of one-third of the members of both chambers, in the following cases:
The sessions shall be chaired by the President of the State or whoever succeeds him in accordance with the provisions of this constitution. Decisions shall be taken with the majority of the members present, provided that the number is not less than two-thirds of the members in both chambers.
Any extraordinary meeting of the National Assembly held in violation of this article is null and void, and any decisions taken by such a meeting are null and void.
Sessions of both chambers are public, while voting on decisions is secret, and deliberations shall be documented in minutes in accordance with the bylaws and published in accordance with the conditions stipulated by the law. Each of the two chambers may meet secretly with the approval of the majority of the present members, upon the request of twelve members.
Neither chamber of the National Assembly may be disbanded or dissolved in their ordinary sessions before the general budget is approved.
Each of the two chambers, in accordance with its bylaws, may create the committees necessary for its work, and which may discharge their duties during the chamber’s vacation. Each of the two chambers may also create official committees in order to investigate certain matters within their mandate. In discharging their duties, they may collect whatever evidence they find suitable and to request hearing witness testimony. The executive and administrative authorities shall provide them with whatever documents or other materials they request.
Cases which are reserved pending a judgment or judicial decision may not be investigated.
A member of the National Assembly may not be awarded any honours, decorations or medals during his membership
When the House of Representatives is dissolved, and until a new House is elected, the Shura Council shall discharge the tasks of the National Assembly in its two chambers in accordance with Articles (40) and (41).
Chapter (2) – The Executive Authority
The executive authority shall be discharged by the President of the State and the government.
I – The President of the State
The President of the State: the one who preserves the unity of the state, the independence of the nation, the integrity of its territories, and he shall protect the interests of the people.
The President of the State shall be elected, shall exercise his authorities and competences. His responsibilities shall be defined in accordance with the constitution
The candidate for the presidency of the state shall meet the following requirements: 1. The conditions for membership in the Shura Council.2. Be recommended by twelve members of the House of Representatives, or ten thousand voters from at least two-thirds of the governorates, with a minimum of five hundred voters from each governorate. Recommendations for more than one candidate shall not be taken into account.
The Speaker of the Shura Council shall announce the opening of the candidate registration process and elections for the office of President of the State in accordance with the following:
Upon his victory, the elected president shall announce his withdrawal from any political party or block, and provide a written assurance thereof.
The elected President of the State shall be sworn in the day following victory in the elections before the National Assembly in the following manner: “I swear by Almighty God to perform my duty as President of the State faithfully, to respect the constitution and the laws of the country, to preserve the independence and unity of Libya, and to protect the interests of the people and the nation.”
The presidential term of office shall be as follows:
Within one month of being sworn in and assuming his position, the President of the State shall present a statement of his financial assets for him personally, for his wife or wives, and minor children. The statement shall be detailed and shall include all their moveable and fixed assets, and their credits and debits inside and outside Libya. The President of the State shall also submit financial statements at the end of every year and at the end of his term in office, and all these statements shall be kept at the Shura Council and the Constitutional Court
During his term in office, the President of the State may not occupy any other public position or exercise any activity, which may bring him financial returns. Any gifts, in cash or in kind, received by the President of the State personally, or by mediation, because of his office or on his assuming office, shall be owned by the public treasury of the state.
The annual financial allocations for the President shall be stipulated by law.
The President of the State, together with the government, shall draft and implement the general policy of the state as set forth in the constitution. The Prime Minister and the relevant ministers who signed with the President of the State the actions taken by him share responsibility for these actions
The office of the President of the State shall be considered vacant in the following cases:
The Shura Council shall pass a decision stating the vacancy of the office of the President of the State.
If the President of the State is absent, or when a temporary impediment prevents the President from exercising his powers, he shall be replaced by the Prime Minister, provided that this period does not exceed sixty days. After that, the Shura Council must decide to extend the period or announce that the position is vacant. The decision shall be passed with the approval of the absolute majority of the members.
If position of the President becomes vacant, the President of the Constitutional Court shall assume temporarily the constitutional and legal powers of the President of the State; and when he is absent, the President of the Supreme Court shall replace him. When he is absent, the Constitutional Court shall meet to choose one of its members to replace him, and the oath stated in Article (51) of this constitution shall be taken before the National Assembly.
Within seven days of the vacancy, the Speaker of the Shura Council shall announce the opening of the process of receiving candidacies and electing the new president within sixty days by the latest, in accordance with the provisions of Articles (49) and (50).
The Acting President may not nominate himself for this position; nor can he ask to amend the constitution, nor dissolve the House of Representatives nor dismiss the government.
If the vacancy in the office of the President of the State coincides with the elections for one of the chambers, precedence shall be given to electing the Shura Council, then the President of the State and then the House of Representatives.
In addition to any other power given to him by the constitution or the law, the President of the State shall carry out the following functions:
The President of the State shall have the power to grant general amnesty in accordance with the law granting him with this power. The law shall be approved by both chambers with the absolute majority of their members, and the president shall have the power to issue a special amnesty in consultation with the Prime Minister and the President of the Higher Judicial Council.
The President is the Commander-in-Chief of the Armed Forces. His task is to protect the sovereignty of the state, its territorial integrity and its security. The president shall declare war and conclude peace treaties.
The President is the representative of the state in its foreign relations, and he shall conclude treaties and agreements which shall enter into force after being approved by the Shura Council.
The President of the State may exercise his powers directly in relation to defence and foreign affairs.
The President of the State may delegate some of his authorities or powers to the Prime Minister, the ministers and the governors in the manner regulated by the constitution and the law.
The President of the State may call the government for consultations about its work, and he shall chair the meeting. He shall also chair the meetings of the government when it discusses foreign and defence policies
If the House of Representatives is dissolved, or when the two chambers are not in session, the President of the State may, in consultation with the Prime Minister, issue decrees with the force of law. These decrees shall be considered within seven days of the beginning of the next session in order for them to be approved or rejected.
No decrees on issues within the competence of the Shura Council may be issued.
The President of the State, in consultation with the Prime Minister, and the Speakers of the House of Representatives and the Shura Council, may declare a state of emergency when the country is threatened by national disaster, siege, or a danger which threatens the safety of society.
Upon the request of the President, the National Assembly shall meet in an extraordinary session within seven days of a state of emergency being declared, to decide whether it should continue or be lifted in accordance with provisions of the constitution. If the declaration was signed when the Assembly was not in session, the house shall be called for an emergency meeting within a period that does not exceed fourteen days from the date that the state of emergency is decalred. The National Assembly shall be in a permanent session until the President of the State declares that the state of emergency is over.
The state of emergency should not extend for more than thirty days, and is renewable only with the approval of the majority of the present members of the National Assembly. In all cases, the declaration of the state of emergency shall state the objective, the region and the duration of the state of emergency in accordance with the law.
During the state of emergency, the President may not impose limitations on basic rights and freedoms except to the extent necessary to preserve the public safety of the country.
All the decisions and acts taken by the President during the state of emergency are subject to challenge before the courts.
The President of the State may issue a decision to dissolve the House of Representatives in the following cases:
If the President accepts the resignation of the government, the issue of dissolving the House shall be presented to a popular referendum (Yes or No), and with the approval of the majority of the voters, the President shall issue his decision to dissolve the House of Representatives and announce early elections within sixty days. If the referendum rejects the solution, the government shall be considered to have resigned. If the referendum is not carried out on time, the House shall meet again on its own on the day following the expired deadline.
The House may not be dissolved within its first year, or during a state of emergency.
The President of the State may issue a decision dissolving the government in the following cases:
The existing government shall continue to be a caretaker government until a new government is formed in accordance with the provisions of the constitution.
The President of the State may be accused of high treason or of violating the constitution based on a reasoned motion presented by 36 members of the House of Representatives or 24 members of the Shura Council to the Speaker of the Shura Council. A hearing session shall be held to discuss this within three days of making the motion, and the Shura Council shall make its decision within eight days of accepting or rejecting the request with a majority of two-thirds of its members in a secret ballot.
If the motion is accepted, the Shura Council shall issue a decision indicting the President of the State, lift his immunity, suspend him, and refer him to the constitutional court to decide on the subject. Its ruling shall be final and not subject to any challenge.
If he is convicted, the Shura Council shall pass a decision removing him from office, and the convicted president shall remain subject to indictment, trial, sentencing and punishment in accordance with the law.
In cases other than in flagrante delicto in a felony or a misdemeanour of moral turpitude, and upon a justified request by the Prosecutor General accusing the President of committing a criminal act, the Shura Council shall hold a hearing and discussion session, and within fourteen days, the Shura Council shall makes its decision to accept or reject the request with the majority of members in a secret ballot.
If the request is accepted, the Shura Council shall pass its decision to lift the President’s immunity, suspend him from work, and refer the case to the Prosecutor General to take legal action to bring him before the courts. If he is convicted, the Shura Council shall issue its decision to remove him from office.
II – The Government
The government is the highest executive and administrative authority in the Libyan state. It consists of the Prime Minister, the ministers and deputy ministers.
The Prime Minister heads the government, supervises its work and guides it in performing its duties. The law shall define the general principles of organising the ministries and other state bodies. The Cabinet shall exercise its powers in accordance with the constitution, the laws and regulations.
Those appointed Prime Minister or member of the government must be Libyan Muslim, must not hold any other nationality, must enjoy his civil and political rights, and have completed thirty years of age, and not have been convicted in a final court ruling of a felony or a misdemeanour of moral turpitude
Within seven days of the meeting of the House of Representatives, the President of the State shall ask a Prime Minister from the party or the coalition which obtained the highest number of seats to form the government
The House of Representatives shall give its confidence to the government in a secret ballot with the absolute majority of the members during the session in which it hears the government’s action program, which shall be presented by the Prime Minister within thirty days of being asked to form the government. If the government does not obtain an absolute majority, it shall resign, and the Prime Minister shall form a temporary caretaker government responsible before him.
Within the first year, the House shall deliberate either to give its confidence to the temporary government, or agree on a new government to which it shall give its confidence. If the House does not reach a decision within one full year, it shall be dissolved, and the President of the State shall declare early elections within sixty days.
In all cases, forming the government shall take into account the proper representation of all chapters and social, cultural and linguistic components of the Libyan people.
After the House of Representatives gives its confidence to the government in accordance with Article (75), the Prime Minister and the ministers shall swear an oath of allegiance to the nation before the House of Representatives as follows: “I swear by Almighty God to be faithful to the nation, to respect the constitution and the laws of the country, and to perform my duties faithfully and be faithful to the service of the nation”.
Confidence shall be withdrawn from Prime Minister or one of the ministers with the approval of the absolute majority of the House of Representatives in a direct secret ballot. If confidence is withdrawn, the Prime Minister shall submit his government’s resignation to the President of the State, and the House may withdraw its confidence from any minister with the approval of the absolute majority of its members.
The House shall not consider the request to vote on withdrawing confidence from the Prime Minister or a minister until after an interpellation session, and upon a written request presented by twenty-four members in the case of the Prime Minister, and of twelve members in the case of a minister. This shall be discussed within 14 days of being presented and it shall be decided within three days from the end of the discussion.
The term of office of the Prime Minister is four years and shall end with the end of the term of the House of Representatives. When his term of office is over, when confidence is withdrawn from him, when he resigns, or when he is removed from office, all the ministers shall be considered dismissed
The office of the Prime Minister or minister shall be considered vacant in the following cases:
The House of Representatives shall declare the vacancy, and President of the State shall issue a decision thereof.
Within the first month of taking the oath and assuming office, The Prime Minister or any of his ministers shall declare his financial assets, and the assets of his wife or wives, and his minor children. The declaration shall detail their fixed and movable assets, and their credits and debits inside and outside Libya. The President of the State shall also submit financial statements at the end of every year and at the end of his term in office. All the statements shall be kept by the House of Representatives.
During their term in office, neither the Prime Minister, minister, nor deputy minister may occupy any other public office or carry out any the other activity which may bring them financial returns. They may not buy or rent state property, lease or sell it any of their assets, barter with it over some assets, enter directly or indirectly into tenders or contracts contracted by the public administration, organisations or companies under the management or oversight of the state. They may not be a member of the board of directors of any company or have any active part in any commercial or financial transaction. The law shall decide the salaries of the Prime Minister, the ministers and deputy ministers.
The Prime Minister and the ministers shall enjoy immunity. In the event that high treason is committed or the constitution is violated, the same provisions that apply to members of the House of Representatives shall apply to them. The indictment shall be made by the House of Representatives in accordance with Article (34).
The government may not borrow, obtain funding, or transfer allocations from one budget item to another except after being approved by the House of Representatives and the Shura Council.
Distribution of powers:
The powers of the Cabinet:
The powers of the Prime Minister:
The powers of the Minister:
The powers of the Deputy Minister:
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