February of 2014 on Committee Proposal for Constitutional Amendment

 

Chapter (1)

The Legislature

Article (1 )

Legislative authority shall be vested in the House of Representatives elected by general, direct, free secret ballot in accordance with the election law issued by the General National Congress (GNC) within two weeks from the date of approval of the present amendment

Article (2 )

The House of Representatives shall hold its first session within two weeks from the announcement of the election results, at the invitation of the GNC president. The session shall be chaired by the oldest member thereof, whereas the youngest member shall act as rapporteur.

Members of the House of Representatives shall take the following oath in a public session:

“I swear by Almighty God to uphold the independence of the nation and the safety of its land, to respect the Constitutional Declaration and the law, to fully safeguard the interests of the people, and to endeavour to achieve the principles and goals of the 17 February Revolution.”

Article ( 3)

The House of Representatives shall elect a Speaker and two Deputy Speakers during its first session.

Article (4 )

The House of Representatives shall issue its rules of procedure by the absolute majority of its members within one month from its first session. Such rules of procedure shall be published in the Official Gazette.

Article (5 )

The term of the House of Representatives shall begin on the date of its first session and shall end upon entry into force of the Constitution. In any case, such term shall not exceed eighteen months from the date of the first session of the Constitutional Drafting Aseembly (CDA), unless it is renewed by a referendum

Article (6 )

The House of Representatives shall hold legislative authority. It shall pass legislation for the transitional period, grant confidence to the Cabinet and withdraw the same, approve the State budget, oversee the executive branch, and approve the public policy submitted by the Cabinet.

Article (7 )

Law proposals shall be submitted at the initiative of at least ten representatives. Draft laws shall be submitted by the Cabinet, which shall be responsible for submitting the draft laws endorsing international conventions and draft financial laws.

Draft laws shall have priority in examination.

Article (8 )

The House of Representatives member shall represent the entire people. The electorate thereof may not subject its mandate to any restriction or condition. Voting is the personal right of such member and may not be delegated.

Article (9 )

The session of the House of Representatives shall only be valid if the absolute majority of members are in attendance.

Resolutions shall be issued by the majority of votes of the members present, except in cases where a qualified majority is required.

Article ( 10)

The sessions of the House of Representatives shall be public. The deliberations thereof shall be documented in reports to be published in accordance with its rules of procedure. The House of Representatives may hold a closed session at the request of its Speaker, the head of state, prime minister, or one-third of its members.

Sessions may be broadcast in the media in accordance with the conditions set forth in the rules of procedure

Article (11 )

Membership in the House of Representatives and the Ministry may not be held simultaneously. Members of the House of Representatives may not be members on the committees or boards of directors of any public or consulting company, service, or institution

Article ( 12)

Subject to the rules of procedure of the House of Representatives, the member thereof shall not be answerable for any opinion he expresses about the House of Representatives or its affiliated committees.

Article (13 )

Each member of the House of Representatives shall enjoy parliamentary immunity. Such member may only be arrested or subjected to criminal procedures with the authorisation of the House of Representatives, except in cases of in flagrante delicto.

If a member is apprehended in flagrante delicto, the Speaker of the House of Representatives shall be notified thereof with forty-eight hours.

Article (14 )

Parliamentary committees of inquiry shall be established by the head of state or at the request of one-third of the House of Representatives members. Fact-finding committees on incidents under judicial investigation may not be formed so long as the investigation is underway. The mission of any previously established fact-finding committee shall end upon initiation of a judicial investigation of the facts that required its establishment.

The work of the committee of inquiry shall end upon submitting its report to the House of Representatives.

Article (15 )

The House of Representatives shall not discuss any draft law or proposal before the examination thereof by the competent committees as required by the rules of procedure.

Article (16 )

Benghazi shall be the seat of the House of Representatives. The House may convene outside such seat.

Article (17 )

In the event of a vacancy in the House of Representatives, a substitute for the vacant seat shall be elected within one month from the date the House of Representatives notifies the Cabinet of such vacancy. The term of the new member shall end upon expiration of the term of the House of Representatives.

Article (18 )

Each member of the House of Representatives shall have the right to address a question to or interpellate the prime minister or any minister in the manner prescribed by the rules of procedure.

Discussion of an interpellation shall only be conducted at least seven days from its submission, except in cases of urgency.

Article (19 )

The head of state may, within seven days from the date of passing a law, request the House of Representatives though a substantiated memorandum to re-examine such law. The House of Representatives shall discuss the law anew within one week. If approved again, such law shall be referred to publication without the need for issuance thereof.

Article (20 )

The legislation shall enter into force after fifteen days from its publication in the Official Gazette. Such period may be reduced or extended by a special text

Article (21 )

The candidate for the House of Representatives must be Libyan, possessing his civil and political rights, and aged no less than twenty-five years on the day that nominations are opened, in addition to any other conditions stipulated by the election law.

Article (22 )

The House of Representatives shall enjoy administrative and financial autonomy in the State budget. The expenditure of the House of Representatives shall be subject to the control of an external legal auditor selected in coordination with the Central Bank of Libya for a period of one year. The state shall allocate the necessary human and financial resources for the House of Representatives and the deputies to perform their duties.

Article ( 23)

The prime minister shall submit the draft law on the state budget to the House of Representatives for examination and approval at least sixty days before the beginning of the financial year. The draft law shall be voted on item by item. The budget shall be issued by virtue of a law that determines the financial year, the provisions on the budgets and accounts of institutions and bodies, the provisions on transfer between approved budget items, and the provisions relating to the settlement of any additional or contigent expenditures that are not listed on the approved allocations.

Article (24 )

In the event of delay in issuing the budget law, disbursement may be allowed to the extent of 1/12 of the proposed draft budget.

Article (25 )

The government shall only be entitled to conclude a general loan or commitment entailing financial obligations with the consent of the House of Representatives.

Article (26 )

Concessions of a strategic character may only be granted to foreign investment with the approval of a majority of two-thirds of the House of Representatives members.

Article ( 27)

All government revenues, including tax proceeds, fees, and other funds, shall revert to the public treasury in accordance with the provisions of the Constitutional Declaration and the laws in force.

Article (28 )

Membership in the House of Representatives shall be terminated by resignation, death, disqualification, or incapacity to perform duties. It shall also be terminated by removal from office if the member loses confidence, respect, or any membership requirement upon which he was elected, or if the member violates his duties.

The decision of removal from office shall be issued by the absolute majority of the members of the House of Representatives.

Article ( 29)

If the House of Representatives decides by the majority of its members to withdraw confidence from the government, the latter shall be considered resigned and shall function as a caretaker until a new government is formed. If such decision concernes a minister, such minister shall be considered resigned.

The House of Representatives shall only examine the proposal request for withdrawing confidence at the request of one-fourth of the deputies. Such request shall only be open to deliberation eight days after its submission. Opinions in this respect shall only be sollicited two days after the deliberation.

Article (30 )

The House of Representatives shall institute its rules of procedure, which shall include in particular:

  1. Quorum for convening the House.
  2. Work method and the manner of preparing the agenda by priority.
  3. Voting procedures.
  4. Powers of the Speaker and his two deputies.
  5. Mechanism for submitting proposals or interpellations to the prime minister or to ministers.
  6. Establishment of committees affiliated with the House of Representatives and determination of their duties.
  7. Decisions pertaining to disruption of the order of the session, misconduct, absence and attendance.
  8. Procedures to withdraw immunity.
  9. Procedure for submitting and ruling on resignation.

Article ( 31)

The House of Representatives may only be dissolved based on a referendum conducted at the request of the head of State. If dissolution is rejected, the head of state shall resign and a new head of state shall be elected within thirty days.

Article ( 32)

 

Chapter (2)

The Executive Branch


 

The executive branch shall be composed of the head of state and the prime minister.

Article ( 33)

The head of state is the symbol of its unity. He shall protect the interests of the people, safeguard the independence of the nation and the safety of its land, respect the balance between the branches of government, and exercise his competences in the manner prescribed by this Declaration.

Article ( 34)

The head of state shall assume the following competences:

  1. Represent the state in its foreign relations.
  2. Designate and mandate the prime minister to form the government.
  3. Assume the functions of Commander-in-Chief of the Libyan Army.
  4. Appoint and dismiss the head of the General Intelligence Service upon the approval of the House of Representatives.
  5. Appoint Libya’s ambassadors and representatives to international organisations based on the proposal of the Minister of Foreign Affairs.
  6. Appoint senior employees and relieve them from office upon consulting the prime minister.
  7. Accredit the representatives of foreign countries and bodies to Libya.
  8. Issue the laws passed by the House of Representatives.
  9. Enter into international agreements and treaties provided they are ratified by the House of Representatives.

10.  Declare states of emergency, war, and peace, and take exceptional measures with the approval of the National Defence and Security Council, submitting the same to the House of Representatives for approval within ten days at most.

11.  Preside over Cabinet sessions that he attends.

12.  Relieve the prime minister from his duties after consulting the Speaker of the House, and relieve ministers after consulting the prime minister.

13.  Any competences stipulated by the Constitutional Declaration and the law.

Article ( 35)

The head of state shall address the House of Representatives directly or by means of letters written on his behalf and shall not be subject to debate.

Article ( 36)

If the head of state is temporarily unable to perform his duties, he shall mandate some of his competences to the prime minister for a period not exceeding thirty days, with the exception of the competence set forth by Article (34), Clause (9). The head of state shall notify the House of Representatives thereof.

Article (37 )

If the position of the head of state becomes vacant due to resignation, death, permanent disability, or any other reason, the prime minster shall temporarily assume the powers of the head of state. A new head of state shall be elected within thirty days from announcement of the vacancy by the Speaker.

The head of state shall submit his resignation in writing to the Speaker.

Article ( 38)

The head of state shall be accused of high treason based on a request signed by at least the majority of the House of Representatives members. The decision of referral to the public prosecutor shall only be issued by the majority of two-thirds of such members.

Upon issuance of such decision, the head of state shall cease his duties, which shall be considered a prohibition to exercise his competences until the pronouncement of judgment.

The head of state shall be prosecuted before the Supreme Court sitting en banc. The prosecution shall be undertaken by the Prosecutor General. The judgments of the court shall be final and unappealable.

If the head of state is convicted, he shall be removed from office without prejudice to other penalties.

Article ( 39)

The candidate for head of state shall meet the following requirements:

  1. Must be a Muslim Libyan born to Muslim Libyan parents.
  2. Must not hold the nationality of another country.
  3. Must not be married to a non-Libyan.
  4. Must not be aged less than forty years at the time of submitting his candidature.
  5. Must submit a statement of his movable and immovable property inside and outside Libya and those of his spouse and minor children.
  6. Must be nominated by at least five thousand citizens in accordance with the law.
  7. Any other requirements stipulated by law.

Article (40 )

The financial treatment of the head of state shall be determined by law. He may not receive any other salary or remuneration, exercise any other mission or any commercial, financial, or industrial activity throughout his term in office, purchase or lease any property of the state or sue the state for the same, or enter into any commitment or supply contract or contracting agreement with the state. Any gift in cash or in kind received by the head of state, whether personally or by an intermediary, shall become the property of the public treasury, as regulated by law. 

Article (41 )

The head of state shall take the following oath in an open session before the Supreme Court and in the presence of the GNC presidency body:

“I swear by Almighty God to uphold the independence of the nation and the safety of its land, to respect the Constitutional Declaration and the law, to fully safeguard the interests of the people, and to endeavour to achieve the principles and goals of the 17 February  Revolution.”

Article ( 42)

The head of state shall enjoy judicial immunity throughout his term in office. All prescription and abatement dates against the head of state shall be suspended, and procedures may be resumed after the end of his term.

Subject to Article (38), the head of state shall not be accountable for his actions during the performance of his duties.

Article ( 43)

The head of state for the transitional period shall be elected by general, direct, free secret ballot and by the absolute majority of votes on the same date as the elections of the House of Representatives, in accordance with a law issued by the GNC within two weeks from the date of approval of this amendment.

If none of the candidates receives the required majority during the first round, a second round shall be organised within two weeks from the announcement of the final results of the first round. The two candidates with the largest number of votes shall compete in the second round.

Article (44 )

 

The Cabinet

The Cabinet shall be composed of a prime minister, one or more deputy prime minister, and of ministers. The Cabinet shall be in charge of managing the domestic and foreign affairs of the state. The prime minister shall oversee the work of the Cabinet and guide it during the performance of its competences. Matters related to the Ministry of Foreign Affairs and the Ministry of Defence shall require consultation with the head of state.

Article (45 )

With the exception of the functions entrusted to the head of state, the Cabinet shall exercise executive authority, manage the State’s affairs, and ensure normal work progress of the state’s public institutions and structures in accordance with the laws in force. It shall, in particular:

  1. Set the hierarchy of priority of government work during the transitional period.
  2. Propose the general policy of the state in consultation with the head of state, and oversee its implementation after approval.
  3. Propose draft laws.
  4. Prepare the draft budget and the final account of the state.
  5. Issue regulations, decisions, and directives for the implementation of laws.
  6. Negotiate international treaties and agreements.

Article (46 )

Whoever is appointed as a prime minister or a minister shall meet the following requirements:

  1. Must be Libyan and possess his civil and political rights.
  2. Must not be aged upon appointment less than thirty years for the prime minister and twenty-five years for ministers.
  3. Must not hold the nationality of another country.
  4. Must not be married to a non-Libyan.
  5. Must submit a statement of his movable and immovable property inside and outside Libya and those of his spouse and minor children.

Article (47 )

The prime minister and ministers shall take the following oath in an open session before the head of state:

“I swear by Almighty God to uphold the independence of the nation and the safety of its land, to respect the Constitutional Declaration and the law, to fully safeguard the interests of the people, and to endeavour to achieve the principles and goals of the 17 February Revolution

Article (48 )

The prime minister shall undertake the following in particular:

  1. Propose the composition of the Cabinet to the head of state for his approval and submit the same to the House of Representatives for a vote of confidence.
  2. Issue the decrees of the Cabinet.
  3. Appoint deputies based on the proposal of the competent minister.

Article (49 )

The prime minister and ministers shall be jointly responsible before the House of Representatives for the general policy of the state. Each minister shall be liable for the activities of his ministry.

Article (50 )

The prime minister shall submit his resignation in writing to the head of state. Ministers shall submit their resignation to the prime minister. The resignation of the prime minister shall entail the resignation of the entire Cabinet. The outgoing Cabinet shall continue to conduct current affairs until a new Cabinet is formed. 

Article ( 51)

 

Chapter (3)

General Provisions

The financial treatment of members of the House of Representatives, the head of state, the prime minister, and ministers shall be determined by a law based on a draft law submitted by the Cabinet to be ratified by the House of Representatives within a maximum period of one month from taking the legal oath, subject to the responsibilities thereof and the average public income.

Article (52 )

Local administrative organisation shall be based on the principle of decentralisation within the state.

Governorates and municipalities as well as the competences and financial allocations thereof shall be regulated by a law to ensure decentralisation of services, transparency of expenditure, and sovereignty of the state’s resources in order to achieve balanced and sustainable development throughout the country.

Article (53 )

The state shall be solely responsible for the establishment of the military and security institutions in accordance with the law and for the service of public interest. The army shall commit not to undermine the constitutional system. Officers, non-commissioned officers, and privates shall be prohibited from engaging in political work.

All individuals, bodies, entities, or groups shall be prohibited in accordance with the law from forming any military or paramilitary force, troop, or organisation outside the legitimacy of the state.

Article (54)

The National Defence and Security Council shall be established with the head of state as chairman and the House of Representatives, prime minister, the Ministers of Defence, Foreign Affairs, and Finance, the Army Chief of Staff, and the head of the General Intelligence Service as members.

The National Defence and Security Council shall approve the strategies pertaining to the security and stability of the country and the needed actions to contain and deal with all types of disasters and crises, and identify the source of threats to national security inside and outside the country. The competences and work regulation of such council shall be determined by law. 

Article (55 )

Provisions of this Declaration may only be repealed or amended by another provision issued by the House of Representatives by the majority of two-thirds of its members.

Article (55 )

Any provision of the interim Constitutional Declaration that contravenes the texts of this amendment shall be repealed.

Article (57 )

This amendment shall enter force from its date of issuance. It shall be published in the Official Gazette in accordance with the applicable procedures, and in the various media outlets.

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Institution
Head of State