Pondering the Central Bank's fate: Between administrative extensions and constitutional challenges

There is no doubt that the statement made by the four deputies of the Governor of the Central Bank about their intention to resign was not issued without coordination with their political references. 

However, it clearly marks a turning point for the post-31st of July, the end date of Governor Riad Salameh's term.

The uncertainty regarding the post-Salameh period continues, with no clear directions until now.

The Speaker of Parliament and Prime Minister will soon discuss the options. At the same time, Mikati will initiate consultations to explore the options and assess their constitutionality and legality with the relevant stakeholders.

Government sources close to Mikati describe the matter as complex, as it requires not only consultation but also the presentation of alternatives from various factions to avoid a vacuum in the highest monetary authority in the country. 

They confirm that Mikati does not intend to take any provocative steps toward any party.

Given the inability to appoint a central bank governor under a caretaker government due to the lack of securing two-thirds of its members, the preference of First Vice President Wassim Mansouri to decline the position, and the illegality of appointing a judicial guardian since the Central Bank of Lebanon is not an ordinary company, the question arises whether Finance Minister Youssef Khalil can issue an administrative decision to keep the Governor in his position to manage the public facility for a specific period.

Given the inability to appoint a central bank governor under a caretaker government due to the lack of securing two-thirds of its members, the preference of First Vice President Wassim Mansouri to decline the position, and the illegality of appointing a judicial guardian since the Central Bank of Lebanon is not an ordinary company, the question arises whether Finance Minister Youssef Khalil can issue an administrative decision to keep the Governor in his position to manage the public facility for a specific period.

Such a measure was described by constitutional expert and former minister Ziad Baroud as a constitutional heresy.

 It is not legally permissible, even if it has been used as a precedent during the term of former governor Michel Khoury. Baroud considers that the authority vested in this matter lies with the Council of Ministers, not the finance minister. Moreover, such an extension could be challenged before the State Council.

There is no such thing as an administrative extension, even if it was used as a precedent during the term of former Governor Michel Khoury, as it is illegal. 

He also considered that the authority in this matter lies with the Council of Ministers, not the Minister of Finance, and such an extension can be challenged before the State Council.

Will resorting to the option of administrative extension be an inevitable reality accepted by various political forces based on the necessity of allowing exceptions, or are we heading towards a new void in the central bank, added to the vacuum in the presidency position?