The Head of the High Council of State (HCS), Khalid Al-Mishri, has sent an official letter to the Speaker of the House of Representatives (HoR), Aqila Saleh, calling for the necessity of annulling the law establishing a Supreme Constitutional Court in Benghazi, which it said was issued in violation of the constitutional provisions and points of agreement between the HCS and the HoR.
Al-Mishri explained in the letter that the process of communication between the HCS and HoR’s presidencies and the work of the joint committees are now considered suspended until the supreme constitutional court's law is revoked.
Al-Mishri said that he does not consider the law to be among the legislative powers of the HoR, and that the establishment of a constitutional court is a constitutional matter, indicating that it is an act that undermines confidence between the two chambers, demolishes efforts to reach consensus on the constitutional path, and deepens the institutional division in the country, stressing the need for holding an urgent HCS session to look into the violations.
The Head of the HCS sent an official letter to the Chief Justice of the Supreme Court and its advisors, the Chief of the Supreme Judicial Council and its members, and members of the judicial bodies, in which he indicated the seriousness of establishing the supreme constitutional court by the HoR.
“This is one of the attempts of the HoR to seize control of the judicial system and plunging it in the political polarization of the country. The ramifications of this sham law can further partition Libya and add to its fragmentation. It would definitely undermine the autonomy of the judiciary.” Al-Mishri told them.
He said that the HCS had come a long way in agreeing with the HoR to constitutionalize articles related to the Libyan judiciary and the Constitutional Court, and had devoted an entire chapter to the Constitutional Court.
"Passing the “flawed” law was a circumvention of what was agreed upon, in order to subjugate the Constitutional Court to private desires that do not serve the country and to disrupt the work of the Constitutional Circuit Court so that it does not look into appeals, as well as to immunize laws that may be issued later in violation of all norms and constitutions." Al-Mishri added.