Resolution No. (32) of 1988 on re-organising Professional People’s Congresses for members of the judiciary and prosecution

 

The Secretariat of the General People’s Congress

Resolution No. (32) of 1988 AD on Reorganizing the Professional People’s Congresses for Members of the Judiciary and Prosecution

 

Upon review of:

● Law No. (9) of 1984 on the People’s Congresses; and

● The General People’s Congress Resolution No. (10) of 1987 AD on the General Regulations of the People’s Congresses, and

● In implementation of the recommendations of the Professional People’s Congresses for Members of the Judiciary and Public Prosecution on rebuilding such congresses,

 

The Secretariat of the General People’s Congress has decreed the following:

 

Article (1)

The provisions of the Regulations enclosed herewith shall apply to the Professional People’s Congresses for Members of the Judiciary and Prosecution.

 

Article (2)

This Resolution and the Regulations enclosed herewith shall enter into force as of the date of their issuance, and they shall be published in the official gazette.

 

The Secretariat of the General People’s Congress

Issued in Sirte on 18 Ramadan 1397 FDP

Corresponding to 4/5/1988 AD

The General Regulations on the Professional Organization of Judiciary, Public Prosecution and State Lawsuits Authority Members Promulgated by the General People’s Congress Resolution No. (32) of 1988 AD, dated 18 Ramadan 1397 FDP, Corresponding to 4/5/1988 AD

 

Chapter I

Formation and Objective

 

Article (1)

The Judiciary, Public Prosecution and State Lawsuits Authority members shall form an independent professional congress with a legal personality, in which the people’s authority shall be exercised and established through the professional people’s congresses and General Professional Congress.

 

Article (2)

The Professional People’s Congress for Members of the Judiciary, Public Prosecution and State Lawsuits Authority shall undertake the following responsibilities:

1. Preserving and defending the rights and interests of the members thereof;

2. Promoting the profession and preserving the honor thereof;

3. Expressing opinions and making suggestions and recommendations to the competent entities regarding the development and organization of the profession’s affairs as well as the legislation and regulations related thereto;

4. Mobilizing the members of the Professional People’s Congress and organizing their efforts to develop the legal thought in line with the Third International Theory;

5. Calling for the Holy Quran to be the law of society, and unifying the legislation and legal terminology across Arab and Islamic countries;

6. Using the members’ legal expertise and competencies to cooperate with popular organizations to harness the public energies for realizing their national objectives and advocating the issues of liberation, justice and peace worldwide;

7. Consolidating the spirit of brotherhood and cooperation among their members and settling any dispute that may arise among them or between them and third parties in relation to the practice of the profession;

8. Preserving the dignity and pride of the profession and increasing the efficiency of its members professionally, culturally and socially;

9. Strengthening fraternal ties among legal professionals and spreading awareness and legal compliance among citizens;

10. Promoting legal scientific research by all means, including the issuance of bulletins and magazines, delivery of lectures and establishment of libraries to improve the academic and professional skills of members;

11. Holding seminars, conferences and workshops and participating in those held inside and outside Libya, conducting and encouraging legal research, and keeping abreast of the developments of legal sciences; and

12. Contacting and building cooperation relations with similar legal organizations in Arab and other countries with the aim of exchanging expertise, experiences and information related to their domain.

The Professional Congress may adopt the means it deems necessary to fulfill the aforementioned objectives.

 

Chapter II

Registration & Membership

 

Article (3)

The membership of the Professional People’s Congresses shall be composed of Judiciary, Public Prosecution and State Lawsuits Authority members and whoever practices judicial work, provided that they are duly registered under the provisions of these Regulations.

All persons meeting the requirements set out in the following article shall have the right to be a member in the Professional People’s Congresses.

 

Article (4)

The person to be approved as a member of the Professional People’s Congress must:

a. Be a member of the Judiciary, Public Prosecution or State Lawsuits Authority, or engaged in an actual judicial work; and

b. Be an Arab national.

 

Article (5)

The following persons may be approved as members of the Basic Professional Congress:

a) Members Judiciary, Public Prosecution and State Lawsuits Authority who are retired as non-working members, provided that they are not affiliated, by virtue of their work, to any other professional organization; or

b) Non-Libyan Arab members of the Judiciary, Public Prosecution and State Lawsuits Authority working in the Jamahiriya in any of the aforementioned authorities as affiliate members.

The non-working and affiliate members shall assume the duties assigned to working members. They shall also enjoy the rights of working members, within the limits laid down by the bylaws, which shall also lay down the other requirements for admission and registration of affiliate members.

 

Article (6)

In each Professional People’s Congress, three registers shall be maintained; the first for working members, the second for non-working members and the third for affiliate members.

 

Article (7)

The registration application, along with the prescribed registration fee, shall be submitted to the Secretariat of the Professional People’s Congress in the prescribed form within thirty days from the date on which the applicant takes over his duties.

Members shall be admitted by a decision of the Secretariat of the Professional People’s Congress after verifying that the membership requirements are met.

 

Article (8)

In case the registration application is rejected, the applicant shall be given a notice to that effect, along with the reasons for rejection, by a registered letter with acknowledgement of receipt, within fifteen days from the decision date.

 

Article (9)

The applicant may appeal the application rejection decision within thirty days from the date of being notified of the decision. Such appeal shall be submitted to the Secretariat of the Professional People’s Congress in return for a receipt indicating the date of submission.

The appeal shall be considered by a committee formed by a decision of the General Professional People’s Congress. The work procedures of such a committee shall be determined by the bylaws.

The applicant may reapply for registration, should the reasons for rejection cease to exist.

 

Article (10)

Membership shall be terminated by a decision of the Secretariat of the Professional People’s Congress, if the member no longer meets any of the membership requirements. The cases of membership denial shall be determined by the bylaws.

 

Article (11)

A person whose membership is terminated or denied may apply for re-registration to the Secretariat of the Professional People’s Congress, if the reason for membership termination or denial ceases to exist.

 

Article (12)

Each member shall pay to the General Professional Congress the prescribed fees.

The bylaws shall set out the due dates for paying annual subscription fees, amount of fees, cases of partial or total exemption from fees and the actions to be taken in the event of ceasing or refusing to pay fees.

 

Article (13)

The employer of the member shall deduct the annual subscription fees from the member’s salary and give the same to the Secretariat of the General Professional Congress as on the dates set out in the bylaws.

 

Chapter III

Congress Organizational Structure

 

Article (14)

The organizational structure of congresses shall consist of:

First: The Professional People’s Congresses.

Second: The General Professional Congress.

 

Article (15)

First: The Professional People’s Congress:

A professional congress shall be formed within the jurisdiction of each court of first instance, comprising all the Judiciary, Public Prosecution and State Lawsuits Authority members who are duly registered within the same jurisdiction.

Two or more courts of first instance may be merged into one Professional People’s Congress.

 

Article (16)

Members of the Professional People’s Congress shall exercise their authorities through the congress thereof. For such purpose, they shall:

1. Set the congress agenda;

2. Discuss and approve the reports and action plans submitted by the Secretariat thereof, as well as any other topics to be presented, at its own discretion, to the Secretariat of the General Professional Congress;

3. Make decisions and recommendations related to the profession; and

4. Appoint the Secretariat thereof.

 

Article (17)

The General Professional Congress shall meet at least once a year, at the time and venue determined by the Secretariat of the Congress.

A meeting shall be managed by the Secretary of the Congress with the assistance of the members of the Secretariat who shall complement each other. The bylaws shall set out how meetings shall be called for and organized.

 

Article (18)

A meeting of the Professional People’s Congress shall be valid regardless of the number of present members, if it is held at the time and venue provided for in the invitation letter. The Secretariat may change the meeting time or venue only by a prior sufficient notice to members. The Professional People’s Congress decisions shall be adopted by majority vote of present members. Decisions receiving minority votes shall be taken into account and duly recorded.

 

Article (19)

The Secretary of the General Professional Congress, Secretariat of Professional People’s Congress, or the majority of Congress members may call the Professional People’s Congress to convene in an extraordinary meeting to decide upon:

a. Important or urgent matters affecting the profession; or

b. The nomination of Secretariat members in case of having more than two vacant seats.

 

Article (20)

The Professional People’s Congress shall form a Secretariat of five members, to be nominated from among the members thereof, for a term of three years. The secretary, assistant secretary and treasurer shall be nominated from those five members.

 

Article (21)

The Secretariat of the Professional People’s Congress shall have the following mandates:

1. Following up the implementation of the decisions and recommendations made by the Professional People’s Congress;

2. Managing the Professional People’s Congress affairs and administrative matters, and providing various means to realize the objectives thereof;

3. Calling for the Professional People’s Congress’s ordinary and extraordinary meetings;

4. Implementing the action plans approved by the General Professional Congress;

5. Considering the suggestions and complaints submitted by the Professional People’s Congress members;

6. Assisting the Professional People’s Congress members in solving their professional problems;

7. Preparing the annual financial and administrative report and developing the draft budget;

8. Developing the draft bylaws of the Professional People’s Congress;

9. Organizing workshops and seminars to improve the professional performance of the members of the Professional People’s Congress; and

10. Raising legal awareness and compliance among citizens within the jurisdiction thereof. The bylaws shall set out the responsibilities of the secretaries of Professional People’s Congresses.

 

Article (22)

The Secretariat of the General Professional People’s Congresses shall hold an ordinary meeting at least once each month, and it may be called for an extraordinary meeting whenever necessary upon an invitation by the secretary or the majority of members. The Secretariat meetings shall not be valid unless the majority of members are present.

The bylaws shall set out the procedures of organizing and calling for meetings. The decisions of the Secretariat of the Professional People’s Congress shall be issued by the majority votes of present members, while the opinion of the minority shall be taken into account and duly recorded.

 

Article (23)

The General Professional Congress shall consist of all members of the Secretariats of the Professional People’s Congresses.

 

Article (24)

The General Professional Congress shall select from the members thereof a secretariat of five members.

The secretary, assistant secretary, treasurer, secretary for external relations, and secretary for mobilization and media affairs shall be nominated from among such five members.

 

Article (25)

The General Professional Congress shall have the following mandates:

1. Drafting the final decisions and recommendations of the Professional People’s Congresses;

2. Issuing the financial regulations and bylaws of congresses;

3. Discussing the reports submitted by the Secretary of the General Professional Congress;

4. Approving the final account and draft budget; and

5. Selecting the cultural, social, entertainment and other committees pursuant to the bylaws.

 

Article (26)

The General Professional Congress shall hold an ordinary meeting at least once a year, at the time and venue set by the Secretariat of the General Professional Congress, but no later than November of each year. The meetings shall be managed by the Secretary or, if absent or unable to perform his duties, the Assistant Secretary assisted by the Secretariat members, who shall complement each other. The bylaws shall set out the procedures of organizing and calling for meetings.

 

Article (27)

A meeting of the General Professional Congress shall be valid if attended by the majority of the members thereof and held at the same time and venue specified in the invitation letter. Should the time and venue be changed, the members shall be given a prior sufficient notice to that effect.

The decisions of the General Professional Congress shall be adopted by the majority vote of present members, while the opinion of the minority shall be taken into account and duly recorded.

 

Article (28)

The General Professional Congress’s Secretariat or the majority of the members thereof may call for an extraordinary meeting to decide upon the following matters:

a. Important or urgent matters affecting the profession; or

b. Filling the vacant positions of Secretary and all or part of the Secretariat’s members.

 

Article (29)

The Secretariat of the General Professional Congress shall be responsible for:

a) Managing the affairs and administrative matters of the General Congress, and providing various means to realize the objectives thereof;

b) Following up the implementation of the decisions and recommendations related to the Professional People’s Congresses, which are drafted by the General Professional Congress;

c) Developing the bylaws and financial regulations for the Congress;

d) Developing the budget and final account;

e) Appointing employees as per the bylaws;

f) Following up the basic activities of the secretariats of the professional congresses;

g) Implementing the decisions made by the General Professional Congress;

h) Considering the complaints filed by members as set out in the bylaws;

i) Participating in international and Arab organizations for legal professionals and attending the conferences and seminars held by such organizations;

j) Calling for conferences and seminars in its area of competence;

k) Issuing bulletins and magazines, delivering lectures and establishing libraries to improve the academic and professional skills of members; and

l) Coordinating with other professional congresses in accordance with the general policy laid down by the Basic People’s Congresses.

 

Article (30)

The Secretariat of the General Professional Congresses shall hold an ordinary meeting at least once each month, and it may be called for an extraordinary meeting whenever necessary upon an invitation by the Secretary or the majority of members thereof.

The Secretariat meetings shall not be valid unless attended by the majority of its members. Decisions shall be adopted by the majority vote of present members.

 

Chapter IV

Duties and Rights of Members

 

Article (31)

In fulfilling his duty, a congress member shall honor the profession’s traditions, ethics and dignity. No member may act in a manner that negatively represents the profession nor engage in an activity that contradicts with the practice thereof.

 

Article (32)

A congress member shall improve his cultural, professional and social skills, attend seminars and meetings held or organized by the congress, and contribute to studies and research that benefit his colleagues.

 

Article (33)

A congress member shall pay the registration fees and annual subscriptions on due dates.

 

Article (34)

A congress member may take a legal action against another member on the account of an act related to the profession only after obtaining a written permission from the Secretariat of the General Professional Congress. The application for such a permission shall be decided upon no later than one month from the date of submission. After the lapse of that period, such a member may resort to the court. In urgent cases, such permission may be given by the Secretary of the General Professional Congress.

 

Article (35)

A congress member may participate in the nomination for entities affiliated with his congress, and may nominate himself for the membership of such entities. A congress member may also submit suggestions and opinions to the secretariat of his congress or the General Professional Congress, through the secretariat of his congress.

 

Article (36)

A congress member shall be entitled to:

a) Receive the congress periodic publications and cultural magazines;

b) Borrow from the social welfare fund, and receive other financial aid and services in accordance with the rules set forth in the financial regulations; and

c) Receive a professional membership card.

 

Chapter V

Financial System of General Professional Congress

 

Article (37)

The congress financial year shall begin in conjunction with the State’s financial year.

 

Article (38)

The financial resources of the General Professional Congress shall consist of:

a) The support allocated thereto in the society’s public budget;

b) The registration fees and annual subscriptions;

c) The revenues generated from the congress’s publications and activities; and

d) Any other resources accepted by the General Professional Congress, provided that they do not conflict with the objectives thereof.

 

Article (39)

A fund called the “social welfare fund” shall be established to serve the members and their families in accordance with the provisions set forth in the financial regulations.

The financial regulations shall identify the resources of such a fund, the cases and procedures of disbursement therefrom, and all the matters related to the management and control of the accounting and documents thereof.

 

Article (40)

The congress funds shall be deposited in a special account in a bank operating in the Jamahiriya. The disbursement of funds from such an account shall be signed off by the competent secretary and treasurer subject to the provisions set forth in the financial regulations.

 

Article (41)

The Secretariat of the General Professional Congress shall appoint an auditor delegated by the Audit Bureau to audit the accounts thereof. The Secretariat of the Congress shall put at such auditor’s disposal all the data, books and documents necessary for the fulfilling of his tasks. The auditor shall submit a final report to the Secretariat of the General Professional Congress before the end of October of each year in order to be submitted to the General Professional Congress for discussion.

 

Chapter VII

General and Transitional Provisions

 

Article (42)

Each and every person who meets the membership requirements stipulated herein shall apply for registration in the prescribed form within thirty days from the enforcement date of this Resolution.

The provision of the preceding paragraph shall not apply to members who have been previously registered in the abolished Association of Jurists. Each member of the said Association, who is subject to the provisions hereof, shall be considered a member of the Professional People’s Congress to be established within the jurisdiction thereof, provided that members shall pay the prescribed registration fees within the period referred to in the first paragraph.

 

Article (43)

By a decision of the Secretariat of the General Professional Congress, the members of the Secretariat of the General Professional Congress and secretaries of the professional people’s congresses may be dismissed during their term of service in such positions.

 

Article (44)

The administrative and financial regulations, as well as the bylaws, shall be issued by a decision of the General Professional Congress.

 

Article (45)

The provisions of these Regulations shall enter into force as of the date of its issuance and shall be published in the official gazette.