On Monday, the Constitutional Circuit Court of the Supreme Court announced that the Libyan Parliament’s law establishing a new constitutional court in Benghazi, was in itself “unconstitutional.”
This ruling is considered the first appeal, after the circuit returned to work to consider the appeals submitted to it.
In August, the General Assembly of the Supreme Court announced the reactivation of the Constitutional Circuit Court, which stopped working in May 2016.
The Parliament suspended the activation of the law establishing a constitutional court in Benghazi, after Speaker, Ageela Saleh and Head of the High Council of State (HCS), Khaled Al-Mishri agreed not to issue it “because it contradicted constitutional basis outcomes.”
In December 2022, the Tobruk-based Parliament voted to create a Constitutional Court in the city of Benghazi, as an alternative to the Constitutional Chamber of the Supreme Court, which is based in Tripoli.
On the other hand, Al-Mishri warned the presidents and advisors of the Supreme Court, the Supreme Judicial Council, its members, and members of judicial bodies, of “the seriousness of the law establishing the Supreme Constitutional Court in Benghazi.”
He also called for the non-implementation of the law issued by the Libyan Parliament and considered it “invalid, and an innocent attempt to involve the Libyan judiciary in political disputes and its impact on the unity of the country.”
Notably, politicians, jurists, and political parties have called for years for the reactivation of the constitutional court. This is so that it can decide on the authorities of current bodies, especially after certain political bodies were exploited due to the absence of the court.
The constitutional circuit court of the Supreme Court adjudicates constitutional and legal cases and appeals. It also specializes in adjudicating cases and disputes about laws, legislation, and decisions issued by the executive and legislative authorities. As well as any violations or challenges to the constitutional declaration.
Tensions have been rising for months in Libya, as two Prime Ministers vie for power; raising fears of renewed conflict two years after a landmark truce.
