Law No. (42) of 2012 amending two articles of Law No. (6) of 2006 on the judicial system

Law No. (42) of 2012

amending two articles of Law No. (6) of 2006 on the Judicial System

The National Transitional Council

Upon review of:

• The Victory Statement of the 17 February Revolution issued on 22 February 2011;
• The decision forming the Interim National Transitional Council and determining its powers;
• The bylaws of the National Transitional Council and its internal regulation;
• The Constitutional Declaration issued on 3 August 2011;
• The Code of Civil and Commercial Procedure;
• Law No. (13) of 1980 on social security and its amendments;
• Law No. (6) of 1982 on reorganising the Supreme Courts and its amendments;
• Law No. 6 of 2006 issuing the Justice System Law and its amendments;
• Based on the proposal of the president of the Supreme Judicial Council.
• The results of the National Transitional Council session held on Sunday, 16/05/2012;

issued the following law:

Article (1)

The text of Article (43), Item (3) of Law No. (6) of 2006 shall be replaced with the following text:

The appointee must successfully complete the prescribed qualification program at the Judicial Institute. This condition may be waived if the person has at least two years’ experience in clerical work in judicial bodies.

Article (2)

A new paragraph shall be added to Article No. 99 of Justice System Law No. (6) of 2006, whose text shall read as follows:

Notwithstanding the provision of Paragraph (1), the Labour Department may extend the service of a judge for two additional years at his request and with the approval of the general assembly of the court to which the judge belongs. Such an extension shall be issued by a decision from the Supreme Judicial Council.

Approval shall be by secret ballot among the judges of the general assembly of the competent court.

Article (3)

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

Interim National Transitional Council – Libya

Issued in Tripoli

On 16/05/2012