Law No. (6) of 1982 on reorganising the Supreme Court

Law No. (6) of 1982

on re-organising the Supreme Court

The General People’s Congress:

In execution of the resolutions adopted by the Basic People’s Congresses in their third ordinary session of 1391 FDP corresponding to 1981 AD and formulated by the General Forum of People’s Congresses, People’s Committees, trade unions, syndicates, and professional associations (General People’s Congress) in its seventh ordinary session for the period of 7-10 Rabi’ al-Awal 1391 FDP corresponding to 2-5 January 1982 AD.

Article (1)

The Supreme Court shall be composed of a President and a sufficient number of counsellors.

Article (2)

The Supreme Court shall be composed of circuits, each of which shall hear a type of cases that the court is competent to adjudicate, and there shall be as many circuits as necessary.

Article (3)

Each circuit shall be composed of three counsellors and may be composed of five counsellors. Rulings shall be issued from the counsellors who make up each circuit.

Counsellors may participate in more than one circuit.

Article (4)

The Supreme Court shall hold its sessions in the city of Tripoli in the Socialist People’s Libyan Arab Jamahiriya, and by a decision from the General Assembly, the court may hold its sessions in any other place.

Article (5)

To be appointed as a counsellor in the Supreme Court, a person shall meet the following conditions:

1. Enjoy full civil capacity and be of Arab nationality;
2. Not be married to a non-Arab;
3. Be no younger than thirty-five years of age;
4. Possess a higher education qualification in Sharia or law;
5. Not have been convicted of moral turpitude by courts or disciplinary councils, even if he has been rehabilitated;
6. Be of good repute;
7. Shall be of a judicial grade no lower than counsellor in courts of appeals.

Article (6)

The appointment of the President of the Supreme Court and its counsellors shall be by a resolution from the General People’s Congress.

Article (7)

Seniority among counsellors shall be according to the date of the resolution issued appointing them and if two or more counsellors are appointed in a single resolution, their seniority shall be determined according to the order in which they are mentioned in the resolution. The seniority of counsellors who are reinstated to their positions shall be according to the date of their first appointment.

Article (8)

The President and counsellors of the Supreme Court shall take the following oath before beginning their duties:

“I swear to Almighty God that I will respect the law, rule with justice, and to carry out my duties with honesty and sincerity”. The aforementioned shall take their oath before the Supreme Court’s General Assembly.

Article (9)

If the President of the Supreme Court is absent or impaired, the most senior counsellor shall take his place.

Article (10)

The President and counsellors of the Supreme Court may not be dismissed. However, if it becomes evident that one of them has become incapable of performing his duties for health reasons, or if he loses the confidence or status required by the position, he may be relieved of his post after hearing his testimony and upon approval by the General Assembly.

Relief from their position shall be issued by a resolution from the General People’s Congress.

Article (11)

The President and counsellors of the Supreme Court shall collect their salaries according to the content of Law No. (15) of 1981 on the salary system for national workers in the Socialist People’s Libyan Arab Jamahiriya.

Article (12)

Counsellors in the Supreme Court shall not engage in any activity that is incompatible with the dignity and independence of the position.

Article (13)

A Supreme Court counsellor may be delegated to other activities in addition to his own work, or on a full-time basis, by approval from the General Assembly and so long as the nature of the assigned activity does not conflict with the nature of his activity as a Supreme Court counsellor.

Article (14)

The President and counsellors of the Supreme Court shall retire when they reach the age of sixty-five. Based on approval from the concerned person and by a Supreme Court General Assembly decision, their service may be extended until the age of seventy.

Article (15)

The Cassation Prosecution shall be attached to the Supreme Court and one of the court’s counsellors shall be assigned as president thereto by decision from the General Assembly.

Article (16)

1. The Cassation Prosecution shall be composed of a sufficient number of members from personnel from the judiciary and the Public Prosecution whose grade is no less than Public Prosecutor of the second grade. They shall be transferred to this Cassation Prosecution at the request of the President of the Supreme Court, and by decision from the General People’s Committee based on the proposal of the General People’s Committee for Justice.
2. The grades of the members of the Cassation Prosecution shall be according to the attached table.

Article (17)

The Cassation Prosecution shall undertake to provide legal opinions regarding appeals submitted to the Supreme Court and shall submit a memorandum with their opinion of each appeal within the period specified by the circuit head. The Cassation Prosecution must attend Supreme Court and General Assembly sessions.

The aforementioned may attend deliberations at the request of the Supreme Court without having a vote.

Article (18)

Orders and rulings issued in the Supreme Court for criminal appeals shall be executed at the request from the Cassation Prosecution according to the provisions of the Code of Criminal Procedure.

Article (19)

The distribution of work and leave among members of the Cassation Prosecution shall be by decree from its president and agreement from the President of the Supreme Court.

Article (20)

Members of the Cassation Prosecution shall be subordinate to their superiors according to the order of their grades.

Article (21)

Subject to the provisions of this law regarding promotions, raises, inspection of activities, evaluation of competence, transfer, delegation, secondment, and termination of service, the same shall be applied to members of the Cassation Prosecution as is applied to their counterparts in the judiciary or the Public Prosecution. A decision shall be issued by the General People’s Committee organising such conditions and vesting such powers.

Article (22)

A sufficient number of administrative and clerical employees shall be assigned to the Cassation Prosecution and the provisions prescribed for Supreme Court employees shall be applied thereto.

Article (23)

The Supreme Court convened in all its circuits shall be concerned with its circuits, presided by its President or his substitute shall enjoy sole competence to adjudicate the following matters:

1. Conflicts of jurisdiction between the courts and any extraordinary judiciary entity;
2. Disputes regarding the execution of two contradictory final rulings, where one has been issued by the courts and the other by an extraordinary judiciary entity. The Supreme Court in this case may order a stay of execution of one or both of the rulings while the dispute is settled;
3. If one of the Supreme Court’s circuits sees fit to refer a case to the General Assembly to renounce a legal principle in adopted in previous rulings.

Article (24)

The Supreme Court shall act as a Court of Cassation in hearing appeals submitted to it in the following matters:

1. Rulings issued on civil and commercial articles and personal status articles in the cases stipulated in the Code of Civil and Commercial Procedure.
2. Rulings issued by courts of appeal convened as an Administrative Judiciary body under Law No. 88 of 1971.
3. Rulings issued on criminal articles according to the Code of Criminal Procedures.

Article (25)

The rules prescribed in the Code of Criminal Procedure shall be excepted if the Court rules to overturn an appealed ruling and if the matter is subject to adjudication and the Court of Cassation is permitted to rule in such case.

The Court may order a stay of execution of a penalty when necessary until the matter has been adjudicated, with or without bond, if the appellant requests such.

Article (26)

The Supreme Court shall not consider petitions relating to acts of sovereignty.

Article (27)

Except for the stipulations of this law, the rules and procedures adopted in the Code of Civil and Commercial Procedure shall be applied to administrative appeals and personal status article appeals. The rules adopted in the Code of Criminal Procedure shall be applied to criminal appeals, and the procedures stipulated in the Judiciary System Law No. 51 of 1976 shall be applied in conflicts of jurisdiction.

Article (28)

A counsellor from each circuit shall consider requests for judicial assistance and follows the provisions stipulated in Chapter 6 of the Judiciary System Law.

Article (29)

If a motion is filed to recuse one the counsellors in the Supreme Court, such request shall be decided by a circuit other than the one in which this counsellor is a member. Motions to recuse all or some of the Supreme Court counsellors where there would no longer be a sufficient number of them to issue a ruling on the recusal request, or on the matter of the case if the recusal request is accepted. In cases of recusal or disqualification and the related procedures, the provisions stipulated in the Code of Civil and Commercial Procedure shall be followed.

Article (30)

Rulings are issued by majority opinion in the matters stipulated in Article (23) of this law. If there is no majority and opinions are split in two, the opinion which which the President side shall prevail. If opinions are split into more than two, the smallest group in number or the group whose members are newest must join the opinion issued by the group with the largest number after taking opinions for a second time.

Article (31)

The legal principles adopted by the Supreme Court in its rulings shall be binding for all courts and all other entities in the Socialist People’s Libyan Arab Jamahiriya.

Article (32)

Repeal rulings issued by the administrative appeals circuit shall have the following comprehensive executive form:

• All administrative entities that are found against shall execute the ruling and carry out its terms.

In other rulings, the comprehensive executive form shall be as follows:

• Entities entrusted with the execution of rulings shall do so when requested and concerned entities shall be appointed to carry them out even through the use of force when necessary.

Article (33)

If the individuals responsible for the execution of rulings fail to execute Supreme Court rulings within one month from being warned by a notice, they shall be punished by detention and dismissal.

Article (34)

The Supreme Court shall have a Secretary General with the powers of an authority head vis-à-vis the Court’s employees, and he shall be aided by a sufficient number of administrative and clerical employees. Their employment shall be in accordance with the Civil Service Law.

Article (35)

The General Assembly of the Supreme Court shall have the powers adopted by the Public Service Secretariat and the Personnel Affairs Committee regarding its employees.

Article (36)

The President of the Supreme Court shall oversee its general and administrative activities.

Article (37)

Taking into consideration the provision of Article (34), the President of the Supreme Court shall have the full powers stipulated in Civil Service Law No. 55 of 1976 regarding all administrative and clerical employees of the court and its employees. The President shall represent the Supreme Court in its connections with third parties and shall chair the General Assembly.

Article (38)

The distribution of employees among circuits shall be by a decision from the President of the Supreme Court.

Article (39)

The Secretary General and his aides and the circuit registrars shall take an oath to carry out the duties of their functions with honesty and sincerity before the President of the Supreme Court. They may not disclose confidential information of cases or reveal the secrets of any of the court’s work.

Article (40)

1. Disciplinary penalties that the President may inflict on employees who hold tenth-grade positions and less are:

a.) Warning;

b.) Salary deductions for a period not exceeding sixty days per year;

In execution of this penalty, deductions may not exceed one quarter of the monthly salary after the quarter that may be legally withheld or conceded.

c.) Denial of annual bonus;

d.) Suspension from work and denial of salary for a period not exceeding six months;

The period of provisional suspension shall be deducted from the period of suspension that has been prescribed as a disciplinary penalty.

e.) Denial of promotion for a period of no less than seven months and no more than three years.

f.) Dismissal from position.

1. Employees who hold eleventh-grade positions or higher shall only be subject to the following penalties by a decision from the competent disciplinary council:

a.) Reprimand; this penalty may be coupled with delaying promotion for a period of no less than three months and no more than one year;

b.) Deduction of salary for a period not exceeding ninety days per year; deductions in execution of this penalty shall not exceed a quarter of the monthly salary after the quarter that may be legally withheld or conceded;

c.) Denial of promotion for a period of no less than one year and no more than three years;

d.) Dismissal from position.

Article (41)

A disciplinary council made up of a chairman selected by the General Assembly each year and with the President of the Cassation Prosecution and the General Secretary as members shall be responsible for disciplinary trials for the aforementioned Supreme Court employees in Paragraph (2) of the preceding article. If the individual referred to trial is the Secretary General, one of the members of the Cassation Prosecution shall take his place in the disciplinary council.

Article (42)

The decision to refer an employee to disciplinary trial shall be issued by the President of the Supreme Court and shall include a complete statement of the charge and the evidence thereof. The employee shall be notified of this decision and summoned to attend the hearing scheduled for his trial by a registered letter accompanied with acknowledgement of receipt at least two weeks before the date designated for the hearing.

Article (43)

The disciplinary council shall sua sponte or upon the request of the employee undertake whatever investigations it deems necessary. It shall assign such investigations to one of its members.

In all cases, the employee shall have the right to examine the investigations carried out, to all related documents, and to request copies thereof.

Article (44)

The council’s decision shall be final and must include the reasons upon which it is based.

The employee shall be notified of this decision within two weeks from its date of issuance by a registered letter with acknowledgement of receipt.

The employee may appeal the disciplinary council’s decision within a period of sixty days before the circuit competent to hear administrative appeals in the Supreme Court.

Article (45)

The employee referred to disciplinary trial shall attend the trial hearing in person and shall have recourse to a lawyer, and the disciplinary council may request the employee to attend in person.

If the employee does not attend the hearing and is not assigned a lawyer, a decision may be issued in the employee’s absence after notifying him.

Article (46)

The President of the Supreme Court may provisionally order the suspension of the employee if necessary for the investigation of said employee. The period of suspension shall not exceed three months except by a decision from the disciplinary council.

The suspension of an employee from his work shall entail suspension of payment of his salary beginning from the day he was suspended, unless the disciplinary council decides otherwise.

Article (47)

Clerical inspection shall be organised by a decision from the President of the Supreme Court.

Article (48)

Except as stipulated in this law, the employment rules adopted for other court and prosecution employees shall apply to Supreme Court employees in accordance with the Justice System Law.

Article (49)

The Supreme Court’s budget and accounts shall be independent. The President of the Supreme Court shall prepare the budget annually before the deadline set for the preparation of the State’s general budget.

Article (50)

Collection, retention, and disbursement of fees, fines, trusts, and deposits shall be effected by the concerned employees under the supervision of the Secretary General and pursuant to financial laws and regulations. Payment orders shall be issued by the Secretary General upon receiving approval from the President of the Supreme Court.

Article (51)

The Supreme Court shall meet at the General Assembly Authority to consider matters relating to its organisation and internal matters and to distribute work among its members or its circuits and any other matters pertaining to the court’s work by virtue of this or any other law.

The Supreme Court’s General Assembly shall be composed of the President of the Supreme Court and all of its counsellors, the President of the Cassation Prosecution, and its meetings shall be held by invitation from the President of the Supreme Court himself or upon the request of three counsellors. The meeting shall only be valid with the attendance of an absolute majority of the General Assembly’s members. Decisions shall be issued with a majority of votes of present members, and if there are an equal number of votes, the side with which the President has voted shall prevail.

Article (52)

The judicial year for the Supreme Court shall begin on 1 October and end on 30 September. Judicial recess shall last from 1 July until 30 September, and during this time only stay of execution and fee exemption requests and cases the General Assembly feels are necessary shall be heard, which shall be in the order adopted by the General Assembly.

The regular leave of counsellors shall be sixty days and shall be during the judicial recess.

Article (53)

The Supreme Court shall have a technical office staffed with a sufficient number of technical and clerical employees concerned with the following matters:

1. Studying the legal rules adopted by the Supreme Court and the rulings issued therein, categorising and indexing them, and presenting them to the president of the circuit that issued the ruling to facilitate its use for reference;
2. Issuing collections of rulings;
3. Monitoring subsequently issued legislation and preparing technical studies requested by the President of the Supreme Court or one of the counsellors, if such studies pertain to their work;
4. Overseeing the Court Library.

Article (54)

A decision issued by the President of the Supreme Court shall state the regulation of the library and the way in which books shall be borrowed from it.

Article (55)

The regulation of court records and files, the manner in which documents are submitted to the court, the conditions under which they may be returned, and how the litigants may examine them shall be by a decision from the General Assembly.

Article (56)

The Supreme Court Law of 1953 and the court’s internal regulation, as well as any ruling contrary to this law, shall be repealed.

Article (57)

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

Issued on 2 Shaaban 1391 FDP

Corresponding to 25 May 1982 AD