The Head of the Presidential Council, Mohammed Menfi, has said that the House of Representatives (HoR) is a temporary transitional legislative authority that extends its term without a people’s referendum, as the Constitutional Declaration explicitly states, adding in a letter addressed to the Speaker of the HoR, Aqila Saleh, that these conditions have now disappeared with the state of stability and reconstruction that Libya is witnessing.
“This issue becomes more dangerous when we know that the HoR does not have the legal and legitimate authority to establish the Constitutional Court, which is the responsibility of the Constitution Drafting Assembly to present to the people in a permanent constitution. We hope that the HoR would cancel the law establishing the Constitutional Court and freeze as well as review all laws that are not required by the transitional phase or that violate the political agreement in transparent public sessions with a legal quorum.” Menfi said.
He explained that he had noticed continuous attempts to control the judiciary through the legislative tool in the absence of the constitutional and legal quorum in parliament sessions, and making unjustified amendments to the laws regulating the judiciary and also encroaching on executive powers.
Menfi said that the most dangerous of these violations is the appointment of advisors and the legal oath of members of a constitutional court under the unilateral and unconstitutional establishment law No. (2023/5) which the Supreme Court ruled invalid. He stressed that the continued disrespect and contempt for judicial rulings threaten the stability and unity of the judiciary and pave the way for the collapse of the state as well as the outbreak of conflicts without the chance to resort to a ruling.
