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Lebanese Forces threaten to challenge extension of municipal councils
News Bulletin Reports
2023-04-17 | 11:21
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Lebanese Forces threaten to challenge extension of municipal councils
Lebanon's political crisis is deepening as the government considers extending the terms of municipal councils. The Lebanese Forces party warns that any extension would violate the constitution and will object to it before the Constitutional Council.
The party's objection is based on a ruling issued by the Constitutional Council in 1997, which nullified a previous extension of municipal councils and compelled the government to hold elections.
However, the council relied on constitutional principles and international treaties that emphasize the periodicity of elections, the rotation of power, and the prohibition of exceeding the duration of the proxy given by citizens to municipal councils.
According to constitutional expert Said Malek, the council did not find any compelling circumstances justifying the extension in 1997. Thus, he explains that for a case to be compelling, it must be unexpected, not subject to remedy, and not caused by the government's actions.
Based on these jurisprudences, is there a compelling circumstance that justifies the extension today?
According to constitutional sources, the current circumstances are similar to those in 1997.
However, despite its flaws, they fear that the parliament may adopt a short-term extension that might be technically and legally acceptable to the Constitutional Council.
Another constitutional issue arises before the proposal becomes law: who has the authority to enact it?
Hence, former Minister Ziad Baroud points out that the President of the Republic is the official enactor of laws. But who is the President of the Republic today? Is it the half-government or the whole government?
This question highlights the ongoing political stalemate in Lebanon. The Free Patriotic Movement (FPM) supports the extension and has been boycotting government meetings since the presidential vacuum.
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