Country of the president
After the letter from His Excellency the President, I took the liberty of sending in my turn a letter relating to the law and the constitution of which, at the request of the President, I will read the text: On 30/10/2022 Decree no. 10942 was issued accepting the resignation of the government originally “resigned” pursuant to the text of article / 69 / of the Constitution for the beginning of the mandate The Chamber of Deputies, without being accompanied by the issuing of a decree entrusting the president, which was signed by the selection of the ladies and gentlemen of the representatives to form the government on the basis of binding parliamentary consultations according to the provisions of article / 53 / of the Constitution.
This decree (decree accepting the resignation of a resigned government) has undoubtedly a declarative and not constructive character, with the most important consequence that the conduct of business becomes one of the duties of the resigned government or that it is considered by virtue of the resigned without being a decision of the President of the Republic is required in this regard.
It is undisputed that the conduct of business rose to the rank of constitutional obligation and obligation and was sanctioned and imposed by article / 64 / of the Constitution after being a constitutional custom made necessary by the need for continuity in the functioning of the public structure and the regular functioning of constitutional institutions – the foundation of public order in the State – which requires the establishment of every constitutional institution, without delay, with the tasks entrusted to it, within the scope of the powers conferred on it, given that the constitutional void institutions contradict the purpose for which the constitution was created and threaten the regime with its fall and put the country into the unknown, as stated by the Constitutional Council in decision no. 7/2014 of 11/28/2014.
It goes without saying that the inability of our government, considered to have resigned due to the commencement of the mandate of the Chamber of Deputies, to fulfill its constitutional duties and duties, including following up on its conduct of business, under any pretext, constitutes a violation of his duties and exposes, as president and members, to constitutional responsibility for breach of duties as provided, explicitly, Article 70 of the Constitution.
It is useful to remember that our government, in compliance with its constitutional duties, had previously responded to your explicit invitation to attend and attend the sessions of your honorable council and was represented before this council as a resigning government. because it defines the government’s general fiscal policy and the funds that allow it to implement those policies.
Consequently, and on the basis of the above, and to avoid constitutional responsibility for the violation of the duties provided for in Article 70 of the Constitution, and to avoid disturbing the functioning of public services, the fall of the system and the paralysis of the work of the State with all its constitutional components and institutions, in the foreground the legislative authority, the mother constitutional authority that will have to face the problem of non-enactment and, consequently, the application of the laws that you can approve, and the fact that the decree, which accepted the resignation of a government originally and legally resigned by virtue of the text, devoid of any constitutional value that negatively reflects on the obligation to do business in addition to the exercise of all the obligations imposed on it by the constitution,
Please take note of the follow-up given by the Government to the conduct of business and the fulfillment of all its constitutional duties in accordance with the provisions of the Constitution and the regulations that patronize the work and the procedures for taking the decisions provided for by the Constitution and the Decree. n.
Country of the president
This is the text of the letter I sent to confirm that binding parliamentary consultations took place, according to which a prime minister was instructed to form him, and that the government conducting the affairs was deemed to have been dismissed from the constitution after the parliamentary elections , and that, pursuant to article 64, he will carry out the responsibilities of conducting business in the strict sense, otherwise he will be subject to constitutional responsibility.
President
I have considered the appeals for calm and have repeatedly stated that I am opposed to the policy of provocation and, at this moment, our concern is the people and the economic situation, and we must all work together to overcome this difficult phase. When the government resigns, the Chamber of Deputies remains in session because we want consultations between the Government and Parliament, and I ask the deputies for opinions and suggestions on all the issues raised, and we are ready to discuss them.
His Excellency President Aoun says in his message that I have been delayed in the formation of the government or have overlooked this matter, and therefore some facts need to be mentioned.
On June 23, I was charged with forming a government, and before leaving the meeting with His Excellency the President, he told me: “There is no Christian designation, and therefore my office is not my statute.” Parliament.
Here, Representative Gibran Bassil tried to boycott President Mikati and told him: “Why didn’t you apologize?” President Mikati replied: “Since you want me to apologize, I will not apologize.”
The second part of Prime Minister Najib Mikati’s response to the general parliamentary session:
Prime Minister Mikati continued: On June 27, parliamentary consultations were held in the House of Representatives and you initiated them with your state, and your words were that the government should be formed quickly, and this contradicts all the allegations circulating. that your state and I don’t want to form a government, and that there are also superpowers that support us by not forming a government. .
In light of this, and on June 29, I presented the president with a full government formation, and some of the kings of the obstruction seemed to speak with the logic of “Why did he subdue the government so quickly?” That day, I discussed the President-in-training with your Excellency and he asked me for some names, and I thought the consultation on the matter would be completed, but I didn’t get an answer.
On July 5th my office called the office of His Excellency the President to ask for an appointment, the answer was that we will contact you shortly, the call has not been returned and no appointment has been made. Then we started hearing media leaks that the president was telling me he didn’t want to set a date.
In response to Bassil’s statement that His Excellency the President is absent and a statement of reasons will be issued, Mikati said: In that case a statement should be made, but do you respect the statements and give them importance? Two weeks ago, a statement by His Excellency the President was released denying the preparation of a decree accepting the resignation of the government, then a week later, that is last Sunday, the climate changed. On Monday, following the release of the statement by the media office, Representative Bassil arrived at the presidential palace and began yelling in protest at the release of the statement.
He continued: Representative Bassil states that we are absent from His Excellency the President, and with all due respect I say that last 11 October we were in a meeting with His Excellency the President in the presence of Minister Abdullah Bou Habib and the Director General of the la Presidency of the Republic, Dr. Antoine Choucair, and I told His Excellency the President, to bring the decree to form the government as it is in its present form, to sign it. He replied, “I put the decree in the drawer, locked it and threw the key.” Therefore, the accusation that I don’t want to form a government is false, and I am the person who most wants to form a government, and I submitted my formation as soon as possible. Here, he recalled a specific episode: during the parliamentary elections of 2018, one of the MPs of the Free Patriotic Movement claimed in his election campaign that “President Michel Aoun was able to amend the constitution with practice instead of modifying it with texts “. It is clear that the constitution needs to be changed, and everything we are seeing aims to create an argument to prevent the government from doing its job. I am under the roof of the constitution and the laws in force, and I will do my job completely, as I will work with the ministers, each in his ministry, to accomplish what is required. The President of the Republic must be elected now and tomorrow, before the day after tomorrow.
Regarding the performance of its functions by the government, I am fully aware that when the constitution speaks of conducting business in the strict sense, it inevitably distinguishes between a full-fledged government and a provisional government, and this matter normally applies days, but when the greater national interest requires it, I will consult the participating components of the government to make the appropriate decision, to invite the Council of Ministers if necessary, and I am not challenging anyone, nor against anyone. We will consult in each situation and make the appropriate decision.
In response to Bassil’s boycott of him, Mikati said: I ask the president of the Lebanese University to introduce a subject in the field of political science with the following title: “How to negotiate on the brink”.
