On Sunday, the UN envoy to Libya, Ghassan Salame, submitted a proposal to amend the articles on executive power in the political agreement for the House of Representatives and the Supreme Council of the State.
The Structure of the Executive Branch:
Arraed LG obtained a copy of Salame’s proposal, in which he stated that the executive branch consists of the Presidential Council, and the ministers (of the Government). He stated that members of both the HOR and Supreme Council should not obtain any official support outside the Council to which they belong. Additionally, work for both parties is to continue until the Parliamentary and Presidential elections are held.
Functions of the Presidential Council:
The Presidential Council shall consist of a President and two Vice-Presidents. The decisions made by the council must be unanimous and the selection of its members shall be as follows:
- Lists are to be made of three candidates representing the three major regions of Libya.
- A group of ten members of the House of Representatives elected on June 25, 2014, and ten members of the Supreme Council of the State elected on 7 July 2012 will select specific lists.
- A list that does not receive this shared sponsorship will not be accepted.
- No member of either Council may recommend more than one list.
- A committee shall be formed to verify the validity of the terms of nomination of the competing lists. This committee shall include representatives from the Council of Representatives, the Supreme Council of the State, and a representative of the United Nations Support Mission in Libya.
- The House of Representatives will vote on the validated lists. In the event that no list receives more than half the votes from the voting members, the voting shall be re-done from the two lists that obtained the largest number of votes in the first session.
- Quorum at the session for electing the Presidential Council of the State shall be determined by half of the elected members of the House of Representatives plus one.
The mandate of the President of the Presidential Council is to represent the State in its external relations, to adopt representatives of foreign states and bodies in Libya, to supervise the work of the Presidential Council, and to guide it in the performance of its functions and to chair its meetings.
The mandate of the Council shall consist of the functions of the Supreme Commander of the Army, the designation of the Prime Minister, the appointment and exemption of ambassadors and representatives of Libya to international organizations and the appointment and removal of senior officials.
Some functions of the Presidential Council require the approval of the House of Representatives. The proposal includes appointing and dismissing the head of the General Intelligence Service, declaring a state of emergency and war and peace, and taking extraordinary decisions (following the approval of the defense and national security)- all of which must be submitted to the House of Representatives within a period of no longer than 10 days. In addition, the making of agreements and international treaties also require the authorization of the HOR.
Conditions of candidacy for membership in the executive authority body:
According to the proposal, the selection of members of the Presidential Council and the government must take into account the principles of efficiency and non-discrimination:
- To be a Libyan citizen and not carry any other nationality.
- To be Muslim.
- Not to be married to a foreigner.
- Not to have been sentenced to a felony or misdemeanor.
- The age of the member is not to be less than forty years of age for the roles of the Presidential Council; and not less than thirty years for the roles in the Council of Ministers.
- To submit a financial declaration before taking office.
The mechanism for the operation of the Presidential Council and the adoption of the government:
The proposal suggests that in the event of the vacancy of the post of President of the Presidential Council, his or her senior Vice-President shall carry out his/her duties until an alternate is elected within a maximum period of 10 days. In the event of the vacancy of the post of either of the Vice-Presidents of the Presidential Council, an alternative shall be elected by the same former mechanism within a period of 10 days.
The Presidency shall appoint the Prime Minister within one week from the date of its formation. The Cabinet shall consist of a Council of Ministers headed by the Prime Minister, whose Government shall prepare its program for submission to the House of Representatives within a maximum period of one month to be fully accredited, given confidence, and adopted in accordance with established procedures, within a period not exceeding 10 days from the date of their submission to the House of Representatives. .
Mechanism for the withdrawal of confidence from the government:
According to the proposal submitted by the UN envoy, the House of Representatives can withdraw confidence from the government using a written request signed by 50 members. The House of Representatives will then consult with the Supreme Council of State in order to reach consensus before proceeding with the confidence-building measures. The Supreme Council must give its’ opinion within a maximum period of 14 days from the date in which the HOR addressed them, otherwise the withdrawal of confidence from the government requires the approval of 120 members from the House of Representatives.
Mechanism detailing the work of the Prime Minister (Government):
The resignation of the Prime Minister or his Deputy, or a vacancy for any reason, leads to the resignation of the entire Government. In this case, the resigned Government will continue its functions as a government body headed by one of its members who is to be appointed by the Presidential Council until a new government is formed according to the previous mechanism within 20 days.
The Prime Minister may exempt any Minister from continuing in their post, and that Minister must continue conducting the work of his ministry until the Prime Minister offers an alternative to the House of Representatives, within 10 days of the exemption, to gain confidence from the representatives.
The Government adopts its decision-making mechanisms using a two-thirds majority of members during its’ first meeting. The Government is committed to forming the Women’s Support and Empowerment Unit for Council of Ministers.
Functions of the Prime Minister (Government):
The proposal by the UN Envoy defined the terms of reference of the Government as the “executive authority” that ensures that public institutions and structures of the State are functioning normally, in accordance with the following terms of reference:
- Develop and implement the Government’s program for its’ term in office.
- Propose draft laws necessary for the performance of its tasks and submit them to the House of Representatives for approval, after consultation with the Council of State.
- Issuing regulations, administrative decisions and instructions as needed to implement the government program in accordance with the legislation in force.
- To manage the national affairs in the interest of the country in accordance with the laws, and regulations decisions in effect. .
- Prepare the draft general budget and the financial account of the State, and consult with the Council of State and submit them to the House of Representatives for approval.
- Develop and implement, as necessary, interim financial arrangements after consultation with the Central Bank of Libya, the Audit Bureau and the relevant regulatory bodies, in accordance with the provisions of the applicable financial law.
- Issuing decisions concerning the structure and administration of ministries, agencies and executive institutions of the government, as deemed necessary and appropriate, after consultation with the Council of State and presenting them to the Council of Representatives for approval.
- Negotiation of international treaties and conventions.
- To carry out all other functions entrusted to the Government and provided for in this Agreement.