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State Council’s session and its election unlawful


By: Azza Maghur*

The State Council is the highest advisory body in the state,

Azza Maghur
Azza Maghur

formed from the elected 145 members of the General National Congress (GNC), on 7/7/2012, As follows:

  • – 134 GNC members, with valid membership until the signing of the political agreement, in 17/12/2015.
  • – Presidency of the GNC proposes a list of those members. 11 members added from the GNC 7/7/2012 elections list, provided that the GNC address the Supreme National Electoral Commission in this regard, considering fair representation for electoral constituencies.

This means that the GNC is committed to specified procedures and arrangements:

First: The presidency put together a list of the 134 GNC members, all memberships should be valid till 17/12/2015, which would require vetting membership conditions and its authenticity.

Second: The GNC should address the Electoral Commission about the other 11 members, so the commission could have scrutinized their memberships, based on 7/7/2012 elections list, taking into account equitable representation of these constituencies, that is followed with several communications between the GNC and the Electoral Commission who will in turn put list with their names.

The Political Agreement hadn’t required the convention of the GNC, but cited specific binding and accurate measures to follow. After taking such measures, the State Council meets with selected members, in accordance to stated procedures and stated number, to elect a President, two Vice Presidents and rapporteur.

The State Council mandate and authorities cited in the agreement, start after the vote on modifying the constitutional declaration, it performs its tasks independently according to the modified constitutional declaration, the agreement and Libyan legislations in force.

During the first session of the council, after filling the stated measures. The vote is confidential and won by an absolute majority of members.

The State Council expires with the end of House of Representatives (HoR) work, according to the Political Agreement. Therefore, the State Council is only established via the previous measures, without any violations the stipulated procedures and steps, the political agreement didn’t state GNC convention, but a valid session in the State Council after taking the stipulated procedures in annex three, which is an integral part of the accord, with the presence of chosen members with valid membership and members stated in the list of the selection commission, in case of violations; any claimed session is invalid with no effect including the election of the presidency and the two vice presidents.

*A Libyan lawyer and writer

Translated By LIBYAPROSPECT: Source