Resolution No. (62) of 2013 on adopting the General National Congress’s amended Rules of Procedure

General National Congress

Resolution No. (62) of 2013

on adopting the General National Congress’s amended rules of procedure

The General National Congress

Upon review of:

• The interim Constitutional Declaration issued on 3 August 2011, and the amendments thereof;
• Law No. (4) of 2012 on the elections of the General National Congress;
• General National Congress Resolution No. (2) of 2012 on establishing a committee to prepare the rules of procedure of the General National Congress;
• The rules of procedure of the General National Congress approved at its session held on 31 August 2012;
• The conclusions of the General National Congress in its session held on 4 June 2013;

issued the following law :

Article (1)

The rules of procedure of the General National Congress (GNC) attached to the present resolution shall be adopted.

Article (2)

The provisions of this resolution shall enter into force from its date of approval on 4 June 2013. Any contrary provision shall be repealed. This resolution shall be published in the Official Gazette.

General National Congress – Libya

Issued in Tripoli

1 Ramadan 1434 AH

Corresponding to 10 July 2013 AD

Rules of Procedure of the General National Congress

attached to General National Congress Resolution No. (62) of 2013

Upon review of:

• The interim Constitutional Declaration issued on 3 August 2011, and the amendments thereof;
• General National Congress Resolution No. (2) of 2012 issued on 11 August 2012 on establishing a committee to prepare the rules of procedure of the General National Congress;

The General National Congress issued the following rules of procedures during its session of 31 August 2012:

Part (1)

General Provisions

Article (1)

The General National Congress (GNC) shall be the supreme authority of the State of Libya. It shall exercise supreme sovereignty, which includes legislation, oversight, and the general policy of the State. The GNC shall be the sole legitimate representative of the Libyan people.

Article (2)

The provisions of the present rules of procedure shall guarantee the freedom of expressing opinions and thoughts for all GNC members, regardless of their political or partisan orientations or affiliations, without contravening public order and morals.

Article (3)

The GNC shall be headquartered in the city of Tripoli. It may convene in any other city determined by the GNC.

Part (2): GNC Structures

Chapter (1)

GNC Presidency Office

Article (4)

The GNC presidency office shall be composed of the GNC president and his two deputies, a rapporteur and an assistant rapporteur, three observers, and an official spokesperson.

Article (5)

The GNC presidency office shall have the powers set forth by the present rules of procedure:

1. Organise the administration of sessions, voting, and the announcement of voting results.
2. Settle in writing any objections to the minutes and conclusions of sessions, the management of sessions, voting, and the announcement of voting results.
3. Prepare the agenda of each GNC session.
4. Post the agreed agenda in the GNC hall and notify the members thereof, along with a copy of any bills, motions, and reports included in the agenda at least 24 hours prior to the session.
5. Coordinate with government entities to provide the necessary requirements to facilitate the GNC members’ performance of their duties at different entities, and ensure their necessary protection.
6. Establish and modify the staff and regulations of the GNC’s civil and military employees. Employees shall be appointed by a decision by the GNC president based on a competitive examination supervised by the GNC presidency office.

Chapter (2)

GNC President

Article (7)

The GNC president shall manage the GNC’s affairs, discharge its business, and handle the administrative, financial, and technical supervision of its work progress. It shall in particular:

1. Sign laws and resolutions issued by the GNC.
2. Sign international agreements or conventions, or those concluded within international organisations, or delegate the same.
3. Represent the GNC inside and outside the country and before the judiciary, and speak on its behalf.
4. Approve the heads of diplomatic missions and the delegations of international organisations to the State of Libya, and accredit the same.
5. Ensure the conformity of the GNC activities to the provisions of the Constitutional Declaration and the rules of procedure.
6. Call the GNC to convene, open and preside over sessions, announce the closure thereof and manage the same, manage discussions, grant permission to speak, identify the topic of discussion, and instruct the speaker to abide by the limits of the topic.
7. Publish the GNC’s resolutions.
8. Maintain security inside the GNC and in the premises thereof, pronounce penalties, and order the execution thereof.
9. Call the GNC committees to convene in order to discuss urgent matters, and chair the sessions of committees that he attends.

10. Sign all official communication with the executive branch and other entities inside and outside the State of Libya.

11. Sign all letters and correspondence issued by the GNC or any of its committees after marking the same with his stamp.

12. Look into invitations to visit the parliaments of other countries, issue invitations to such parliaments, and select the heads of delegations in accordance with the mechanism set forth by the GNC.

13. Invite committee chairpersons and rapporteurs to the session.

14. Any other competences mandated by the GNC.

Article (8)

The first vice-president shall assume the powers of the president in the latter’s absence. In the absence of both the president and the first vice-president, the second vice-president shall assume such powers. In their absence, such powers shall be assumed by the GNC rapporteur. The president may delegate the competences vested in him by the present rules of procedure to one or both his deputies.

Chapter (3)

GNC Rapporteur, Spokesperson, and Observers

I. GNC rapporteur and assistant rapporteur

Article (9)

1. The GNC rapporteur shall undertake the following:
2. Assist the president in noting down the names of those who wish to speak and maintain session order.
3. Oversee the preparation of session minutes and conclusions, sign and present the same to the GNC.
4. Coordinate between the GNC presidency office and committees.
   1. In the absence of the rapporteur, his assistant or both during the session, the president may assign any member present as a substitute thereof.

II. Spokesperson

Article (10)

Without prejudice to Article (5) of the present rules of procedure, the GNC spokesperson shall carry out the following upon consulting the GNC presidency office:

1. Contact the media.
2. Promote the GNC’s news and various activities.
3. Hold the necessary press conferences to clarify the GNC’s policies and objectives.

III. Observers

Article (11)

Observers shall undertake the following:

1. Follow up on the annual preparation of the GNC budget, oversee its execution, authorise disbursement thereof, and close its account.
2. Follow up on the affairs pertaining to ceremonies.
3. Note the attendance and absence of GNC members.
4. Authorise the public to attend and follow the GNC sessions.
5. Carry out any tasks requested by the president.

Chapter (3)

GNC Committees

I. Composition of committees

Article (12)

– Committee members shall be selected by consensus from among the members, taking into consideration aspirations and specialisations as much as possible. In the event of failure to reach an agreement in this regard, such members shall be elected by relative majority in accordance with Article (106), Paragraph (2) of the present rules of procedure.

– The GNC member may not be a member in more than two GNC standing committees, unless the third committee is a human rights committee.

Article (13)

If a GNC member is elected to more than two standing committees of the GNC, such member shall notify the GNC president in writing of the two committees of which he wishes to remain a member prior to the session that follows the committee election session, otherwise such member shall be automatically considered a member of the first two committees to which he is affiliated.

Article (14)

– Committees shall convene after three days at most from their election at the request of the GNC president. Each committee shall elect a chairman, deputy chairman, and a rapporteur by secret ballot.

– The session of the committee held to elect the chairman, his deputy, and the rapporteur shall only be deemed legal if attended by the absolute majority of its members.

Article (15)

Standing and temporary committees may elect subcommittees from their members to study specific matters. Such subcommittees shall submit an outcome report of their activities to the relevant principal committee.

II. Duties of standing committees

Article (16)

The GNC shall select standing and temporary committees. Each committee shall be formed of five to fifteen members at most. The standing committees are:

Article (17)

The standing committees associated with ministries, bodies, and executive councils shall be in charge of studying and following up on various subjects and matters that fall under the jurisdiction of ministries, services, bodies, and councils under their control. For this purpose, they may:

1. Study and comment on draft laws before their submission to the GNC to discuss the same and take the necessary decision in their regard.
2. Oversee performance and achievement rates and compare the same to approved plans and budgets, and prepare a summary of relevant reports and recommendations to be distributed periodically to the GNC.
3. Study and propose policies, draft laws, and decisions based on their competences.
4. Look into complaints that fall under their jurisdiction, examine the submitted complaints, and coordinate with the concerned ministry or authority to reach a solution. In the event of failure to do so for any reason, the committee shall report the same to the GNC for the necessary decision to be taken in this regard.

Article (18)

Standing committees that are not associated with ministries, bodies, or councils, shall have the following functions and competences:

The Legislative and Constitutional Committee:

It shall be in charge of the following:

1. Constitutional affairs.
2. Develop legislation in conformity with the Islamic Sharia and the Constitutional Declaration.
3. Affairs relating to the internal regulation.
4. Draft the laws submitted to the GNC.
5. Study the reports of oversight and inspection bodies in the State.
6. Member affairs, validation and invalidation of membership, cases of unauthorised combined memberships referred by the GNC.
7. Parliamentary immunity affairs.

Committee of Revolutionaries, Martyrs, Wounded and Missing Persons

It shall be in charge of the following:

1. Follow up on performance at the Warrior Affairs Commission.
2. Follow up on and propose rehabilitation bills for revolutionaries.
3. Supervise their training and integration in society, and take care of their physical and psychological health affairs.
4. Follow up on their education in training courses inside and outside the country.
5. Follow up on their military formations and the integration mechanism of their affiliated military brigades into the State institutions.
6. Propose financial incentives to revolutionaries that guarantee their integration in society, such as short and medium-term interest-free loans for productive projects.
7. Communicate with the leaders of revolutionary brigades, listen to their needs, opinions, and suggestions to serve the interest of the nation, safeguard the revolution and avoid its deviation or misappropriation.

National Reconciliation Committee

Follow-up on legislative, judicial, and administrative procedures that address the aftermath of the previous regime and the transitional period in Libya in order to achieve reconciliation and reinforce social peace.

Committee of GNC Office Affairs

It shall be in charge of the following:

1. Submit proposals and recommendations for the composition of the GNC office, and establish the standards of effective performance for its departments and divisions.
2. Supervise actual performance, and assess the observance of regulations and executive procedures in the GNC.
3. Compare actual performance to standards and criteria, and offer proposals and recommendations on the administrative modifications needed to improve performance inside the GNC.

III. Management of Committee Activities

Article (19)

The committee chairman shall oversee its business and the employees of its secretariat. He shall also manage its sessions. In his absence, he shall be replaced by his deputy. In the absence of both the chairman and his deputy, they shall be replaced by the rapporteur. When the committee convenes under the rapporteur due to the absence of the chairman, or under the chairman in the absence of the rapporteur, the committee shall elect a special rapporteur to prepare the report on the matters under examination.

Article (20)

The sessions, business, minutes, discussions, and voting of committees shall be secret. They may only be available to the members of such committees and other GNC members and employees of the GNC secretariat, as well as any consultants, experts and civil society members resorted to by the committee, unless the committee decides otherwise.

Article (21)

The committee session shall only be deemed valid if attended by a third of its members. The committee may only take decisions regarding any matter referred thereto in the presence of the majority of its members. The committee decisions shall be issued by the absolute majority of the members present. In the event of a tie in votes, the chairman’s vote shall prevail.

Article (22)

Priority to speak at the committee sessions shall be given to government representatives, followed by committee members, the submitters of the proposals referred to the committee, and the present GNC members, in that order.

Speech during committee sessions shall be governed by the rules applicable to GNC sessions, which shall not contravene the provisions pertaining to committees in the present rules of procedure.

Article (23)

Once the bills, motions, and other matters to be studied within the committees reach the presidency office, the president shall refer them to committees based on their competence, unless the rules of procedure require their prior submission to the GNC.

Article (24)

– Every committee shall convene at the invitation of its chairman. The deputy chairman shall address the invitation if the chairman is unable to carry out his duties, as delegated by the latter.

– The committee rapporteur shall notify the members of the date and agenda of the session as set by the chairman, along with a copy of bills, motions, and other business on the agenda, at least one day before the set date.

Article (25)

1. Government members and their delegated assistants may attend committee sessions that discuss matters falling under their jurisdiction, unless the committee decides otherwise.
2. Every committee may invite, through the GNC president, government members, directors of public administrations, heads of public bodies and public sector units, and other managers of the State sectors or activities, to hear their opinions and explanations regarding the matters submitted to the committee.
3. Government members and other individuals in public positions and functions shall attend the committee sessions upon invitation. Government members and other individuals in public positions and functions and the assistants thereof may bring along to the committee session experts and specialists from their ministries or from the services under their control. They shall all present all the data, documents, explanations, and clarifications that help the committees to exercise their competences.

Article (26)

Every GNC member shall have the right to express his opinion, whether verbally or in writing, on any matter or bill referred to a committee, even if he is not a member of such committee.

Such member shall submit his opinion to the committee chairman before the scheduled date for examination of the matter if such is effected in writing. The committee chairman shall submit the opinions presented by GNC members to the committee after informing the concerned member in writing of the scheduled date of submission and inviting such member to attend the session in order to provide any observations or clarifications he deems necessary, without having the right to vote.

Article (27)

Committees shall study the matters submitted thereto in chronological order, except for urgent draft laws and other matters to which the committee decides to give priority.

Article (28)

The proceedings of committee sessions shall be recorded in detailed minutes that include the discussions, opinions, motions, and decisions that occurred. The minutes shall be signed by the chairman and the rapporteur.

Article (29)

Committees shall complete their examination and submit their report to the GNC presidency office with regard to bills, motions, and other matters referred thereto within two weeks at most from the date of their receipt. The examination of urgent bills shall be completed and their reports submitted within one week at most, at the end of which the GNC president shall present the bill to the GNC, whether the committee completed its examination or not.

Article (30)

If the bill or motion falls under the jurisdiction of more than one committee, the GNC president may invite the specialised committees to a joint meeting presided by himself. If each committee has examined such bill or motion separately and the presidency finds inconsistencies between the proposed texts that may complicate the discussion and voting in the general assembly, the competent committees shall convene as a single joint committee chaired by the GNC president or his deputy in order to re-examine the matter and prepare a consolidated report. The GNC president may submit a matter to the joint committees at his own discretion or at the request of at least twenty deputies. The committees shall provide their proposals and issue the necessary recommendations.

Article (31)

When several committees convene to study an issue, the convened committees shall elect a special rapporteur to prepare the consolidated report. The committee’s report shall include the various opinions and points of view presented to the committee. The joint committee shall be considered as one during the vote.

Article (32)

The reports of committees shall be submitted to the GNC presidency office to be included on the agenda of the GNC’s plenary sessions in order of receipt, reserving the priority for urgent bills.

Article (33)

The members of committees shall be notified of the draft budget upon its receipt by the GNC. The financial committee shall invite every GNC committee – at least two days in advance – to attend the meetings where the budget related to the affairs of each committee is examined. The members of each committee shall take part in the discussion, proposals, and voting.

Article (34)

Attendance of committee sessions is mandatory. Any committee member who fails to attend three consecutive sessions without a legitimate excuse presented in accordance with Article (80) of the present rules of procedure shall be considered to have resigned, provided that he is notified in writing after missing two sessions. The committee chairman shall notify the GNC president of the same in order to select a successor thereto.

Article (35)

Minutes shall be prepared for each committee session, which shall include the names of attendees and absentees, a summary of the discussions, and the text of the decisions. Such minutes shall be signed by the committee chairman and rapporteur. Full minutes shall be prepared for the discussions of the GNC committees regarding draft laws, motions of draft laws, major amendments to fundamental laws, and major political, economic, or social matters, with the approval of the majority of the committee members or at the request of the GNC president or prime minister. The GNC president may decide to print and publish such minutes in the appropriate manner. A copy of the committees’ meeting minutes shall be deposited at the GNC presidency office.

Article (36)

The committee report shall contain a statement of its procedures, its opinion on the referred matter, the grounds for such opinion, the views of the committee or committees that may have provided their observations, and all other opinions that are expressed at the meetings of the committee regarding such matter, in addition to the written opinions and proposals notified to the committee. The text of the bills or legislation subject of the report shall be attached with their explanatory memoranda to the committee report. The report shall also include any opposing views expressed by the members on the matter and the grounds for such views, if such members so request in writing from the chairman.

Article (37)

The chairman shall submit the committee report to the GNC president to consider including the same on the agenda. The report shall be printed and distributed to the GNC’s members at least twenty-four (24) hours before the examination session, unless the GNC presidency office decides in urgent circumstances to include the matter on the agenda and merely read the report during the session.

Article (38)

The GNC president and any committee thereof may request the GNC – through the committee chairman or rapporteur – to return the report to the committee, even if the GNC has started its examination, in order to re-examine the issue or some aspects thereof in light of the discussions or any new circumstances and considerations. The GNC shall settle the matter after hearing the chairman or rapporteur and the government.

Article (39)

Every GNC committee may acquire all the data, information, and documents pertaining to the issues referred thereto by any official or public entity. It shall collect the same to enable the GNC and its members to form an opinion in this regard based on valid objective grounds during the discussion. The GNC committees may conduct field trips relating to the examination of an issue referred thereto with the consent of the GNC office, in which case the GNC shall bear the necessary expenses.

Article (40)

The GNC president shall refer to the competent committees all the data, papers, and documents related to the issues referred thereto. Committee members may examine the same and obtain a copy thereof, and so may any GNC member.

Article (41)

Ministers shall provide the competent committees with a copy of their reports on their visits abroad and the international conferences and meetings in which they participate, and a copy of the reports of official delegations that represent the country in foreign missions or in international conferences and meetings. The competent committee may request clarifications from the relevant minister regarding the content of such reports, or request the presence of the heads of such delegations to discuss the content. The committee shall submit to the GNC president all the important notes clarified by the discussion. Such reports may be submitted to the GNC.

Article (42)

Any GNC committee may request any information or clarifications from the minister with regard to the activity of his ministry, the branches thereof, or the bodies, institutions, or services under its control. Any member may request through his committee or through the competent committee the information or data that enable him to study a particular matter related to the performance of his parliamentary responsibilities. The government shall respond to the request for data and information within fifteen days at most from the date of receipt of notification of the GNC president.

Article (43)

Upon examining a draft law or an issue that falls under its jurisdiction, the committee may request all the studies, research, information, documents, clarifications, statistics, data, and papers that the government relied on in preparing the bill, or those relevant to the issue. The committee may request the presence of experts, technicians, and specialists who contributed thereto in order to propose the funds related to the draft law or the issue and the goals thereof to the committee.

Article (44)

Every committee shall commit to submitting a report each month or at any time determined by the GNC. Such report shall contain all the activities of the committee, the number of its meetings, its decisions and recommendations, and the outcome of its business.

The committee chairman and members shall be prohibited from revealing any information regarding the deliberations and discussions of the matters referred to the committees before submitting the same to the GNC for settlement.

Part (3): Membership

Chapter (1): Membership Provisions

Article (45)

Every GNC member shall be considered a representative of the entire Libyan people.

Article (46)

Membership in the GNC may not be combined with any other official position.

Article (47)

The GNC member shall be entirely dedicated by law to the duties of his position. Such shall not affect his professional and functional rights pertaining to the term of office.

The GNC member shall resume his previous function immediately upon completion of his duties at the GNC.

Article (48)

Membership in the GNC may be terminated before the end of term in the event of death, resignation, or relief from office. The terminated member shall be replaced with the next candidate in accordance with the provisions of the election law.

Article (49)

Every GNC member shall be prohibited from using his title in any announcement related to financial, industrial, or commercial projects.

Article (50)

The GNC may look into the validity of any member thereof, which includes terminating membership or relieving a member from office, if strong signals indicate that such member has provided upon or after his candidature false information about his name, qualifications, or relation to the former regime, or any other critical information, which shall not preclude the procedures stipulated by the legislation in force.

Chapter (2): Resignation

Article (51)

The GNC member shall resign by means of an explicit written letter presented to the GNC president. If the resignation is conditional, it shall be deemed invalid.

Article (52)

The president shall inform the GNC of the resignation by presenting the resignation letter at the first public session following its submission. The resignation shall be deemed final once acknowledged by the GNC.

Article (53)

The resigning member may withdraw his resignation by means of a written letter to the GNC president before the notification of the GNC thereof, in which case the resignation shall be disregarded.

Chapter (3): Parliamentary Immunity and the Lifting Thereof

Article (54)

Parliamentary immunity is a matter of public order.

Article (55)

In cases other than felonies or misdemeanours of moral turpitude and breach of trust that are apprehended in flagrante delicto, the GNC member may not be criminally prosecuted or subjected to any criminal procedures except by the authorisation of the GNC. The Minister of Justice shall inform the GNC thereof during its first session. The GNC shall have the right, when necessary and based on the report of the joint body, to cease the prosecution of the GNC member and release him temporarily until the expiration of his term in office.

Article (56)

The request for a prosecution warrant shall be submitted by the Minister of Justice attached to a warrant from the public prosecutor that contains the type, time, and place of the crime, in addition to a summary that includes the evidence requiring urgent measures.

Article (57)

The request to lift immunity shall be submitted to the GNC president, who shall convene a joint session of the presidency office and the Justice Committee to study the request. The office shall submit a report thereon within two weeks at most.

Article (58)

If the joint body does not submit its report during the period set in the previous article, the GNC presidency shall notify the GNC thereof during its next session. The GNC may decide to extend the deadline for the joint body as it deems sufficient, or it may decide to seize the request and settle it immediately.

Article (59)

When the GNC begins to examine the request to lift immunity, the discussion shall continue until the issue is settled in a final manner. The decision to lift immunity shall be issued by the absolute majority of the members present.

Article (60)

The prosecution warrant shall only apply to the act specified in the request for lifting immunity.

Article (61)

Upon examining and discussing the request for lifting immunity, the joint body and the GNC may assess the seriousness of the prosecution and ensure that the request has no partisan and political goals and does not aim to prevent the member from performing his duties.

Chapter (4): Penalties

Article (62)

If the GNC member disrupts the session order or violates the rules of speech, he shall incur the following penalties:

1. Verbal warning.
2. Warning that shall be recorded in the minutes of the session.
3. Reprimand that shall be recorded in the minutes of the session.
4. Removal from the session.

The penalties set forth by Clauses (1) and (2) shall be imposed by the GNC president, whereas the remaining penalties shall require consultation with the GNC presidency office.

Article (63)

Without prejudice to Article (2) of the present rules of procedure, if the GNC member commits a felony at the GNC headquarters, the GNC president shall order his arrest and detention in a particular location to be delivered to the judiciary upon the appearance of the representative thereof. If the act committed is a misdemeanour, the GNC president shall notify the competent authorities in order to take the legal measures.

Part (4): GNC Sessions

Chapter (1): Rules of GNC Sessions

Article (64)

The GNC shall be in permanent session. It shall hold its sessions on Sunday, Monday, Tuesday, and Wednesday of each week. The session shall open at nine o’clock in the morning unless the GNC decides otherwise.

Article (65)

The GNC president shall maintain order and security inside the GNC. Members of the security forces that are not affiliated with the GNC may only be summoned at the request of the president. The GNC president shall enforce the rules of procedure, grant permission to speak and prohibit the same in accordance with the rules of procedure. He shall order the recording of the members’ statements in the minutes and the deletion of the statements of those who are not granted permission to speak. He shall address the questions required for the administration of the session and announce the GNC resolutions. He shall have the right to take part in voting like the other GNC members.

Article (66)

The GNC’s sessions shall be open unless the majority decides to hold closed sessions at the request of at least twenty members or at the request of the government.

Article (67)

In the event of a closed session, the GNC may decide to hold it without preparing a record thereof. It may also decide to record the minutes of the session without publishing its resolutions.

Article (68)

No person shall attend the GNC’s closed sessions, even the GNC employees. The rapporteur shall assist in the preparation of the minutes if the GNC decides to record the session’s proceedings.

Article (69)

Half an hour before the opening of the session, the attendance sheets shall be made available to the members to sign upon their arrival. At the time of opening, the GNC president shall examine the sheets and may postpone the session for one hour if the legal quorum is not present.

Article (70)

The legal quorum of the GNC shall be met by the presence of more than half the members. Decisions may only be issued by the absolute majority of the members present in matters other than those provided for by the Constitutional Declaration. Discussions shall not require the continued presence of a quorum.

Article (71)

If the session is adjourned before discussion of a certain matter is completed, the GNC president may decide to suspend it. All subsequent sessions held to complete the discussion shall be considered an extension of the first session.

Article (72)

Upon opening the session, the names of members with justified absence shall be read first, followed by the members with unjustified absence, and a summary of the minutes of the previous session. Such minutes shall be approved after making the correction determined by the presidency based on the request of a member or without such request.

Article (73)

If a disagreement arises regarding the minutes’ summary, the GNC presidency office shall examine the same after referring to the detailed minutes. It shall prepare a report thereon to be submitted to the GNC for settlement.

Article (74)

Detailed and summary minutes shall be prepared for each session, except for closed sessions that are subject to special procedures. The detailed minutes shall include all the proceedings and decisions that occur during the session. The minutes shall be printed and distributed to the members within a maximum of three days.

Article (75)

The summary minutes shall contain:

1. The names of justified or unjustified absentees.
2. The ministers representing the government at the session.
3. The issues presented before the GNC and the names of the members who participate in the discussion.
4. The resolutions issued during the session.

Article (76)

1. The summary minutes of each session shall be approved at the beginning of the next session, unless the presidency determines that the resolutions require approval at the end of the session, whereupon the minutes shall be approved at the end of the session.
2. The summary minutes shall be approved at the end of the session in the following cases:

– When the GNC ratifies a draft law or a motion of an urgent matter.

– At the last session of the GNC term.

– At sessions of a government confidence vote.

– In cases determined by the majority.

Article (77)

If the summary minutes are not approved in accordance with the previous article for any reason, the GNC presidency office shall convene in accordance with the rules of committee meetings and shall approve the summary minutes.

Article (78)

Prayer time shall be announced aloud in the hall through a recorded adhan. The session shall be adjourned to perform the duty immediately thereafter, unless the GNC has initiated a secret voting process, in which case the session shall be adjourned after the completion of the voting.

Article (79)

The GNC members shall sit in the hall in the order agreed upon by the members. They shall take their seats prior to the opening of the session by a sufficient amount of time.

Smoking, the use of mobile phones, and any disruptive act or behaviour shall be prohibited during the session.

Chapter (2): Attendance and Absence

Article (80)

1. The GNC member may only be allowed absence for more than three consecutive sessions if he has a legitimate excuse that shall be recorded at the GNC presidency office.
2. If the GNC member is continuously compelled to be absent – for a non-official mission – for more than one session, he shall submit a request to the GNC presidency office explaining the reasons of his absence. Such request shall be submitted to the GNC to take note thereof during its first session.

Article (81)

When the session cannot be held due to lack of quorum, the rapporteur shall prepare a list of members who are absent without permission or justification. The names of absentees shall be listed in the minutes of the session in which they were absent.

Chapter (3): Discussions

Article (82)

The GNC shall initiate its business by reading a summary of the incoming documents, for which one hour shall be allocated. Within this time limit, every member shall have the right to comment on the matter for three minutes at most, after which the topics on the agenda shall be discussed.

Article (83)

The bill under discussion shall be read first along with its compelling reasons, followed by the report of the competent committee and its proposed amendments. The floor shall then be given to the pre-listed members consecutively, followed by the members who request to speak during the session.

Article (84)

The GNC president shall have the right to explain the bills, reports, and amendments proposed by the committees or by any member in order to facilitate and clarify the examination process.

If the GNC president wishes to participate in the discussion and take a position regarding the bill, he shall leave the stand and hand over the command to his deputy or to the oldest member present, in the absence of the two deputies. He shall sit in the members’ seats until the discussion of the issue is completed.

Article (85)

After the discussion is generally completed, the GNC shall examine the items and vote on them one by one, unless a proposal to reject the bill is submitted. In this case, the GNC shall vote on such proposal first. If the GNC approves the proposal, the bill shall be rejected.

Article (86)

The government shall – at its own request – have the priority to speak once when examining any bill, followed by the chairmen of committees and the submitters of motions if such examination addresses the committee report and amendment thereof or the submitted motion.

Article (87)

Every member shall have the priority to speak once for every matter related to the rules of procedure or if he submits a proposal to amend the bill or the motion under examination, or when he wants to explain it or request its withdrawal.

The member may not speak more than once during the general discussion of an issue except in the cases stipulated by the present rules of procedure.

Article (88)

The member who is on the list of those requesting to speak may relinquish his turn to a member who is not on such list, in which case he may only speak after all the members requesting to speak have taken the floor after he relinquished his turn.

Article (89)

Speech may only be addressed to the president or the GNC. Only reports, supporting documents, files, and texts containing numbers may be read, and such may only be done when discussing the budget and the ministerial statement.

Chapter (4): Rules of Speech in the Session

Article (90)

Speaking during the session may only be allowed after asking for the floor and receiving the permission of the president. The president may only refuse to grant the permission to speak for a reason set forth by the provisions of this regulation, with the exception of the request for expedited completion of reports regarding issues referred to the GNC’s committees or the procedures pertaining to the performance of their duties. The request to speak about an issue referred to a committee may only be accepted after its report is submitted and included on the GNC agenda.

Article (91)

The speaking time allocated to GNC and government members shall be as follows:

1. For questions: ten minutes for the asker and the competent minister.
2. For interpellation: fifteen minutes for the interrogator in order to clarify his interpellation, fifteen minutes for the government, and five minutes for each of the remaining members.
3. For the budget and the discussion of the ministerial statement: 30 minutes for each member.
4. For other cases, the GNC president shall allocate the speaking time for each member as necessary.

Article (92)

The discussion of the ministerial statement shall be conducted in a session held after at least forty-eight (48) hours from its announcement session, unless such statement is distributed to GNC members prior to the session by a similar period of time.

Article (93)

Each member may present to the GNC president a request for clarification with regard to a matter that the member wishes to inquire about from the GNC presidency office. The GNC president may answer the inquiry briefly during the session without debating the matter, after which the GNC shall examine the remaining issues on the agenda.

Article (94)

Topics that are not listed on the agenda may only be discussed at the request of the government or the GNC president, or based on a substantiated written request submitted to the GNC president by at least twenty members.

The petitioner may only speak with the consent of the GNC based on the proposal of the president. The GNC resolution in this regard shall be issued without debate. Nevertheless, the president may grant permission to speak to one of the supporters of such request and to one of its opponents for a maximum of fifteen minutes each.

Article (95)

If the GNC agrees to debate a topic that is not listed on the agenda, the debate shall be conducted after completing the agenda, unless the GNC agrees to debate it immediately based on the request of the government.

Article (96)

Subject to the matters covered by a special text regarding the priority to speak, the president may grant permission to speak to those who request it in the order of submission of their requests, taking into consideration the interest of the debate.

In the event of diverging opinions, the president shall ensure the alternation of supporters and opponents of topics under discussion as much as possible.

The floor shall always be given to the prime minister and his deputies, to ministers and their deputies, to deputy ministers for GNC affairs, and to government representatives whenever they request to speak from the GNC president, after the principal speaker finishes his speech. The chairmen and rapporteurs of committees shall have the right to speak during the debate over matters originating from their committees whenever they request permission from the GNC president.

Article (97)

Permission to speak may be requested any time in any of the following cases:

1. When objecting to the debate over the presented topic due to its violation of the Constitution.
2. When advising of the need to respect the provisions of the GNC rules of procedure.
3. When rectifying a specific alleged event or responding to a statement that affects the person requesting to speak.
4. When requesting postponement or deferment of the matter under study until another matter is settled first.

Such requests shall have priority over the principal matter, and they shall entail the cessation of the debate over such matter until the issuance of a GNC decision in their regard.

The person requesting to speak may not take the floor before the principal speaker finishes his statement, unless authorised by the president and the request to speak is based on any reason set forth by Clauses (1) and (2).

Before granting permission to speak in the cases set forth by Clauses (1) and (2), the member shall specify the article of the Constitutional Declaration or the GNC rules of procedure that he relies on, and he shall indicate the violation to the GNC. In the cases set forth by Clauses (3) and (4), he shall indicate the incident, statement, or matter referred to in the foregoing clauses by means of a written request submitted to the GNC president.

Article (98)

If, after granting permission to speak, the member appears to have spoken in violation of any provision of the previous article, the GNC president may withdraw the permission to speak. At the proposal of the president, the GNC may decide to warn such member not to repeat his act or deprive him of the right to speak about the matter until the end of the session.

Chapter (5): Violation of the Rules of Speech during the Session

Article (99)

The speaker shall express his opinion and point of view while preserving the dignity and standing of the State’s constitutional institutions and the dignity of the GNC and the president and members thereof. The speaker shall not repeat his statements or those of others. He may not deviate from the topic under discussion nor commit any act that violates order and the due respect for the session.

Article (100)

The GNC president shall be the only person allowed to interrupt the speaker or address a comment thereto. Only the GNC president shall have the right to advise the speaker if he violates the provisions of the previous article or other provisions of the present rules of procedure, or if his opinion is sufficiently clear and he shall not prolong his speech. The president may order the deletion of the statement of any member who violates the provisions of the rules of procedure from the session minutes.

Article (101)

If the GNC president addresses a warning to the speaker in conformity with the provisions of the previous articles and such speaker violates the rules of speech during the same session, the president may propose to the GNC to forbid such speaker from discussing the same topic or speaking until the end of the session. The GNC decision in this regard shall be issued without a debate.

Article (102)

The president shall have the right to forbid the speaker from continuing his speech without a decision from the GNC in the following cases:

1. If such speaker takes the floor without the president’s permission.
2. If he uses improper words against the GNC parties, blocs, or members.
3. If he prejudices the private life of others.
4. If he shows contempt toward a person or a body, unless his statements are supported by a final judicial verdict.
5. If he deviates from the topic for which he was granted permission.
6. If he mentions in his speech an issue that is still under investigation or examination before the judiciary.
7. If his allocated speaking time ends.

With the exception of these cases, the speaker may only be prohibited from speaking by a GNC decision.

Article (103)

Priority in debates and voting shall be granted in the following order:

1. Motion to reject a bill.
2. Motion to return a bill to the government.
3. Motion to send a bill to a committee other than the one that studied such bill.
4. Motion to return a bill to the committee that studied it.
5. Motion to defer the debate to a future session.
6. Motions of amendment, starting with the farthest from the original bill.
7. Motion to ratify the original bill.

Article (104)

– Every member shall have the right to propose the closure of the debate over a topic that at least two members supported and two members refuted or demanded the amendment of, with the exception of matters related to the Constitution, confidence, and the general discussion of the budget.

– The proposal to close the debate shall be submitted verbally or in writing to the president, who shall instruct its announcement to the GNC. The author of the proposal shall be entitled to explain it one time, provided that his speaking time does not exceed five minutes. Only two members at most shall be allowed to object to the same before it is put to a vote.

Article (105)

If the proposal to close the debate gains the consent of the majority, voting on the topic under discussion shall be initiated immediately. If such proposal does not gain the approval of the majority, a new proposal to close the debate may only be submitted after four other members have spoken about the topic, with two members refuting or demanding its amendment, and two members expressing their support.

Part (5): Elections and Voting

Chapter (1): Elections

Article (106)

The GNC president and his two deputies shall be elected by direct secret ballot in the event of multiple candidates and by show of hands with the majority of expressed votes in the event of a single candidate. If none of the candidates receives the votes of the absolute majority of the members present, a second ballot shall be conducted to determine the winner in which the first and second candidates who receive the largest number of votes in the first ballot shall compete.

The rapporteur, his assistant, and the observers shall be elected by relative majority. The GNC spokesperson shall be elected by the absolute majority of the members present. In any case, the election shall be conducted according to the single non-transferable vote system. In the event of a tie in votes, the eldest candidate shall prevail. If the age difference is non-existent, the winner shall be determined by the drawing of lots. The election papers shall be destroyed upon announcing the results.

Article (107)

– Voting shall be conducted on standard papers sealed with the GNC stamp. Blank or cancelled ballot papers shall not be counted in the majority votes for any election conducted by the GNC.

– Any ballot paper containing any of the following shall be cancelled:

1. Names exceeding the number of seats determined by the rules of procedure.
2. Any identification or distinguishing sign whatsoever.
3. Ineligible writing that prevents identifying the name of the candidate.

Article (108)

In the event of a vacancy in the GNC presidency office, the GNC shall elect a successor to the vacant seat during its next session in accordance with the procedures stipulated by Article (106).

Article (109)

The GNC may dismiss the president or any of the two deputies thereof in the following cases:

1. If it is absolutely certain that he holds the nationality of a foreign country or is married to a non-Libyan.
2. If he removes any of the fundamental competences of the GNC stipulated by the Constitutional Declaration or the present rules of procedure.
3. If his complete inability to perform his duties is decisively established, provided that such inability is proven by conclusive medical means.

Chapter (2): Voting

Article (110)

Voting on bills and motions shall be effected article by article by show of hands or electronic voting. After voting on the articles, the entire matter shall be submitted to vote using the roll call vote or electronic voting. Voting may be conducted for each paragraph of an article, in which case the complete article shall not be re-submitted to a vote.

Article (111)

Before voting on a bill or motion in its entirety, the GNC may decide to return it to its studying committee even if the voting process on the articles thereof has started, or to joint committees to be re-examined in light of the debate that took place and to prepare a new report thereon within a maximum period of ten days. After preparing the new report, the matter shall be included on the agenda and voting shall be conducted again.

Article (112)

The budget shall be voted item by item.

Article (113)

The vote of confidence shall be effected by roll call. The reply shall be “confidence”, “no confidence”, or “abstaining”. The number of abstainers shall not be reckoned in the majority required by the Constitutional Declaration.

Article (114)

Voting on bills that authorise the conclusion of international treaties and agreements may be conducted without examining such treaties and agreements article by article.

Article (115)

Voting on recommendations, resolutions, and other matters that are not provided for by the previous articles shall be effected by show of hands or electronic voting.

Article (116)

In the event of suspicions arising about a vote by show of hands where at least ten members request a re-vote, voting shall be repeated and conducted by means of a standing vote, roll call vote, or electronic voting.

Part (6)

Chapter (1): Legislation Procedures

Article (117)

Members shall submit motions to the GNC through the GNC president, along with a memorandum containing the compelling reasons therefor. The motion may not be signed by more than twenty members.

Article (118)

Every member may submit a motion of intent pertaining to a public interest, or a motion for a resolution requested to be issued by the GNC. Such motion shall be submitted in writing to the GNC president along with an explanatory memorandum explaining the object of intent or resolution and the public interest considerations to be presented to the GNC.

Article (119)

The GNC president shall refer the motion to the competent committee(s) and the presidency of the Cabinet for their information, unless the rules of procedure set forth special rules.

Article (120)

Every member who submits a motion may request the withdrawal thereof by a written letter to the GNC president. If the motion has not been proposed to the GNC presidency office, withdrawal shall be effected by a written order issued by the president. However, if the GNC has began the debate over the motion, it may only be withdrawn with its approval.

If the motion requested to be withdrawn is approved by any GNC member, the GNC shall continue the examination thereof.

Article (121)

Motions of intent that are rejected or withdrawn may not be resubmitted until two weeks after the issuance of the GNC rejection resolution. Motions may only be resubmitted after one month from their rejection or withdrawal.

Article (122)

At the request of ten members, the competent committee, or the government – and after indicating the reasons, the GNC may decide to expedite the review of the presented matter.

Article (123)

If the matter for which an expedited review is decided is a motion of intent or a motion of law, the GNC shall refer it to the competent committee or to the committee it chooses to examine the matter, first in terms of admissibility and second, in terms of object.

Article (124)

The committee shall examine the matters under expedited review before other matters, provided that a report thereon is submitted to the GNC within one week. If the GNC refuses expedition, the matter shall be referred to the competent committee and normal procedures shall be taken in this regard.

Chapter (2): Budget and Financial Laws

Article (125)

– The GNC shall receive the budget on the first day of the month of October preceding the financial year.

– The draft laws of the budget and the final account for each year shall be referred to the financial committee upon receipt thereof to be reviewed and discussed.

Article (126)

The financial committee shall submit its report on the draft laws of the budget and the financial account within thirty days at most from the date of referral of the draft law.

Article (127)

The report shall be discussed in general before discussing the budget parts and approving its items. After completing the general discussion of the report, the GNC shall vote on initiating discussion of the budget.

Article (128)

When discussing and approving the draft budget, the GNC may not increase the requested allocations without the government’s approval, whether by amending or inserting the same by way of proposal.

However, after completing the discussion and approving the draft budget, the GNC may approve a draft law to introduce new expenditures.

Article (129)

The GNC may cancel or reduce the allocations in the draft budget. It may also transfer such allocations from one item, chapter, or part to another.

Article (130)

The draft budget and the draft laws pertaining to opening additional or exceptional allocations shall be voted on item by item.

Article (131)

Only two proposals for reduction may be submitted to vote, with the proposal including the highest number submitted first.

Article (132)

The GNC shall first ratify the law on closing the account, followed by the budget of expenditures, the budget law, and finally the budget of revenues.

Article (133)

The GNC may not eliminate a department or position existing by virtue of an applicable law by cancelling the allocations listed in the budget. The GNC shall effect such elimination by a special law.

Article (134)

If the GNC does not approve the budget and fails to provide a justification within ninety days from the date of submission of the budget to the GNC, the government shall have the right to disburse 1/12 of the proposed budget for one month. If such period elapses without approving the budget, the latter shall be considered approved de facto.

Part (7): Appointment and Accountability of the Government

Chapter (1): Appointment of the Government

Article (135)

Only the GNC shall be entitled to appoint the prime minister. The election thereof shall be conducted according to the procedures pertaining to the election of the GNC president in accordance with Article (160), paragraph (1) of the present rules of procedures.

Article (136)

GNC members shall not be entitled to run for prime minister. They may not be selected for a ministerial position unless they resign from their current position.

Article (137)

The prime minister-designate shall form the government and present the same – along with a brief statement of its program – to the GNC within fifteen days from the date of his designation.

Article (138)

The GNC president shall convene a plenary session within three days at most from the date of receiving the government composition file to grant the vote of confidence by the absolute majority of the members present.

Article (139)

Upon expiration of the period stipulated for the establishment of the government without the establishment thereof, or in the event of a vote of non-confidence, the prime minister-designate shall be granted an additional ten-day period. If the prime minister fails to form the government thereupon, the GNC shall appoint a new prime minister.

Article (140)

The prime minister and the members of his government shall take the legal oath set forth by the Constitutional Declaration before the GNC after the vote of confidence is granted.

Chapter (2): Questions

Article (141)

One or more members shall have the right to address verbal or written questions to the entire government or to a minister thereof. After the examination of written questions included on the agenda is completed, verbal questions shall be addressed.

The government may answer the question immediately or request the postponement of the answer, in which case the content of the question shall be referred in a letter.

Article (142)

If the government realises that the answer to the question requires an investigation or the gathering of information that cannot be collected within the period set forth by the previous article, it shall notify the GNC presidency office by means of a letter addressed thereto requesting the extension of such period, whereupon the presidency office may grant the government a sufficient period for one time.

Article (143)

If the government fails to answer the member’s question within the legal period, such member may turn the question into an interpellation.

Article (144)

Upon expiration of the stipulated answering period, questions shall be included in the first session dedicated to questions and answers in addition to the given answers.

Article (145)

The agenda of the question and answer session or the interpellation session shall be distributed with the relevant documents at least three days before the session date.

Article (146)

After reading the answer and the question to the member, he may either declare his satisfaction, whereupon the review of the matter shall be concluded, or express his intention to speak, whereupon he shall be solely granted the right to speak on the topic of the question. The government shall be entitled to answer. If the asking member declares his satisfaction with the answer, the review of the matter shall be concluded, otherwise he shall have the right to turn it into an interpellation, subject to the rules applied to interpellations.

In the absence of an answer, the asker shall be granted the right to speak and the government shall have the right to answer verbally, whereupon the rules stipulated by the foregoing paragraph shall apply. In any case, the speaking time allocated to the member or the government shall not exceed ten minutes.

Article (147)

The question may not be passed from one member to another unless the owner of the question declares his satisfaction with the government’s answer.

Chapter (3): Interpellations

Article (148)

One or more members may request the interpellation of the entire government or a minister thereof on a certain matter. The request for interpellation shall be submitted in writing to the GNC president who shall in turn refer it to the government.

Article (149)

The government shall respond to the request for interpellation within fifteen days at most from the date of receipt thereof unless the response requires an investigation or the gathering of information that prevents responding within the specified period. In this case, the government or the competent minister shall request the extension of such period from the GNC presidency office, which may extend this period as it deems sufficient.

Article (150)

Upon receipt of the response to the interpellation, or after the elapse of the specified period without an answer from the government, the subject of the interpellation shall be listed on the agenda of the first interpellation session based on the date of receipt thereof. The debate shall be limited to the subject under interpellation. The session may only become a session to discuss the government policy in general with the approval of the GNC at the government request.

Article (151)

The interpellation and response thereto shall be distributed to the members at least three days before the session date.

Article (152)

After reading the interpellation and the response thereto, the floor shall be given to the originator of the interpellation followed by the government.

After submitting all the interpellations and responding to the same, the floor shall be given to whomever wishes to speak, after which the vote of confidence may be passed by the majority of one hundred and twenty members in accordance with the Constitutional Declaration.

If the questioner declares his satisfaction with the government’s response, the president shall announce the closure of the review, unless a member adopts the subject of the interpellation, subject to the rules set forth by the foregoing paragraph.

Article (153)

The session for discussing the government’s general policy shall be designated at the request of the government or at least twenty members and with the GNC’s approval.

Article (154)

The government and every member may ask for a vote of confidence after discussing the interpellation or after the general debate. The government shall have the right to subject the confidence to the approval of a bill it submitted, in which case the rejection of the bill shall be considered as withdrawal of confidence from the government.

If the request is submitted by a member, the confidence shall be deemed conditional upon the approval of the bill, unless the government approves the request. In which case both the government and the member shall be entitled to request deferment of the discussion of the bill and voting within five business days at most.

Every minister shall have the right to ask for a vote of confidence by himself or to subject the same to a bill under discussion. Every member shall have the right to ask for a vote of confidence in the person of a minister in accordance with the rules set forth above.

Chapter (4): Parliamentary Investigation

Article (155)

The GNC plenary session may decide to conduct a parliamentary investigation in a certain matter based on a motion submitted for discussion or at the occasion of a question or interpellation on a specific matter, or a bill submitted thereto through a GNC-elected committee.

Article (156)

The investigation committee may examine the papers in various State departments, request copies thereof, hear statements, and request all the explanations it deems useful to the investigation.

Article (157)

Committees shall have the right to appoint a fact-finding subcommittee formed of their members for a specific issue. If the competent department fails to provide the subcommittee with the requested information, the subcommittee shall submit a report thereon to the delegating committee in order to request the appointment of a parliamentary investigation committee from the GNC.

Article (158)

The GNC may grant parliamentary investigation committees the powers vested in judicial investigation bodies. Such decision shall be issued in a public session of the GNC.

Part (8): Miscellaneous Provisions

Chapter (1)

GNC Budget

Article (159)

The GNC presidency office shall draft the GNC budget, which shall be approved by procedures signed by the president or one of his deputies in cooperation with an observer, after the submission thereof to the GNC. The implementation of the budget shall be subject to the provisions of the financial law of the State.

Article (160)

At the end of the fiscal year, the GNC presidency shall send the schedules of disbursed appropriations with the closed final account to the Ministry of Finance, approved by the GNC president or his deputy. Such schedules shall be subject to the rules of the financial law of the State.

Chapter (2)

GNC Office

Article (161)

The GNC Office shall be composed of the public administrations and the departments and divisions that form the organisational structure of the Technical, Administrative, and Financial Service issued by a GNC decision.

Article (162)

The GNC shall have an office in Benghazi, Sebha, and any other city determined by the GNC. The GNC shall appoint an office director in each city.

Article (163)

The GNC Office shall provide the necessary services and coordinate the necessary activities to assist the GNC and the members, committees, and services thereof in the performance of their competences and responsibilities in accordance with the regulatory rules issued by the GNC.

Article (164)

The GNC president shall oversee the GNC Office and all the GNC affairs and administrative, financial, and technical activities.

Article (165)

At the proposal of the director of the Office, the GNC shall issue the regulations governing the GNC Office, which shall have the force of law.

In matters that are not covered by a text in the present rules of procedure, the employees of the GNC Office shall be subject to the provisions applicable to the civil employees of the State.

Article (166)

The director of the GNC Office shall be appointed by a GNC decision based on the nomination of its president. Such director shall oversee all the Office departments and divisions and he shall be responsible before the president for their work progress.