At the close of the term of place of work of the President of the Republic, “Michel Aoun” on Oct 31, 2022, and it is probably that the presidency will be handed above to vacuum, except essential agreements involving the area and the Middle East impacting Lebanon consider spot right before that day . From obstructing and protecting against the development of governments or interrupting them, there has been, and to the void, an artificial and unjustified constitutional debate on the powers of the President of the Republic and the refusal of the presidential staff to presume the powers of the President by the interim governing administration in how incomplete government.
The head of the Maronite League, Ambassador Khalil Karam, conveyed President Aoun’s vision just after his assembly with him at the Baabda Palace on 25 August 2022, which is summed up by the provisional government’s lack of ability to completely physical exercise its responsibilities in the scenario. in which a new President of the Republic can’t be elected, and that the void is at the level of the govt authority Incomplete technical specs and not acquiring the self-assurance of the Chamber of Deputies are not able to fill a void at the stage of the Presidency. President Aoun pressured the need to have to form a new government as quickly as possible and that this right should really not be disrupted in buy to reach the supreme national curiosity, normal work in constitutional establishments and safeguard national partnership by the formation of a new federal government. and the election of a new president.
The irony of the president’s terms and his get in touch with not to upset the government’s proper is that it does not fit his own methods and his business responsibility to hinder the formation of governments or to hinder him to impose the problems of his political latest on the designated primary minister, and to dominate the ministerial development with a blatant abuse and flagrant confiscation of the powers of the president selected beneath Short article 64 of the Structure. The crisis in the development of governments has repeated itself, and the coverage of “floating the void” was established throughout the era of President Aoun, as it experienced not occurred in all prior presidential phrases. of the Structure. The truth of the matter is that the authority of the President of the Republic to concern a authorities development decree in settlement with the Primary Minister are not able to be transformed from a accurate constitutional point of view into the energy to refrain from issuing the formation decree right up until when the circumstances of unconstitutionality imposed on the president-designate do not exist, and avoid him from carrying out his constitutional mission to type the govt in preparing for its effectiveness. training decree.
Powers of the President of the Republic according to the Structure
Although it is foreseen by Article 65 of the Constitution that the procedural energy is entrusted to the Council of Ministers, the President of the Republic retains precise powers provided for by the Lebanese Constitution, powers effectively recognised in traditional parliamentary units. The President of the Republic simply cannot work out his powers in full autonomy from the Council of Ministers.All his conclusions have to be signed by the President of the Council and by the Minister or by the competent ministers, with the exception of the nominative decree of the President of the Council and the decree accepting the government’s resignation or thinking of him resigned below Article 54 of the Structure. Amongst the powers of the president, for case in point: to issue regulations according to constitutional conditions and request their publication (art. 51). The Prime Minister participates with him in the signing of the decrees of the guidelines (art. 54). Negotiate and conclude intercontinental treaties in agreement with the Prime Minister following acceptance by the Council of Ministers. In some instances, following the approval of the Residence of Reps (Post 52). In arrangement with the Key Minister, a decree for the development of the authorities and decrees accepting the resignation or dismissal of ministers are issued. He accredits the ambassadors and accepts their accreditation. He presides more than the official ceremonies and awards condition decorations by decree. A particular grace is granted by decree. Any urgent evaluate is presented to the Council of Ministers off the agenda. Talk to the Council of Ministers to dissolve the House of Associates in the circumstances supplied for by the constitution, and to problem a dissolution decree. And a request to the Council of Ministers to reconsider any choices of the Council inside of 15 days from the day of submitting of the conclusion with the Presidency of the Republic. He requested to reconsider the law right after informing the Council of Ministers.
The presidential vacuum and the transfer of the president’s powers to the Council of Ministers
We keep on being in the Structure and in the text of Short article 62, as amended by Constitutional Law no. 18 of 21/09/1990: “In the party of a vacancy of the presidency for any motive, the powers of the President of the Republic are attributed in an agency of the Council of Ministers”. Furthermore, the text of report 64: “… the government does not training its powers prior to acquiring acquired the believe in or following his resignation or contemplating him resigned, besides in the demanding feeling of the perform of organization …”.
Very first – Short article 62 of the Structure: This report is thought of crystal clear and specific in its text that if the presidency is vacant for any motive, together with the expiration of the president’s mandate without currently being capable to elect a new president, for instance, the powers of the President of the Republic they are employed by the company of the Cabinet, and the sentence contained in this posting is actually stipulated as the term “the Cabinet”, not the expression “the governing administration”. Ministers ”who assume these powers, irrespective of the position of the“ authorities ”, no matter whether it is a govt of have faith in or not, whether or not it is a governing administration that has resigned or mainly because it has resigned. This is dependable with the theory of continuity and does not in good shape into the constitutional vacuum, which is the placement of jurisprudence and ijtihad in most nations of the world.
Second – Report 64 of the Constitution: Through this write-up and what has been recalled in the second paragraph of the identical in the make a difference of provisional governments, the concern remains: what is the gain of the constitutional debate on the extent to which the powers of the President of the Republic will be transferred underneath the interim govt as very long as Post 64 of the Constitution is imposed on the federal government before getting the assurance of the Property of Reps, right after its resignation, or considering it resigned, working out its powers inside the demanding that means of conducting organization?
What the Provisional Governing administration does in this stringent perception for the duration of the term of office environment of the President of the Republic, and the participation of the Primary Minister and the competent ministers in signing with the President of the Republic on all his decisions, does not differ from what this authorities can do. after the conclusion of the presidential expression to attain the fascination and safety of the condition and bolster its international relations, apart from for the decree appointing the Key Minister and the decree accepting the resignation of the federal government or contemplating him resigned, which the President of the Republic indicators exclusively in accordance with Write-up 54 of the Constitution. Despite the fact that it is a provisional governing administration pending the election of a new president and the formation of a new government, it will make no feeling in this controversy apart from as aspect of a political marketing campaign led by the Totally free Patriotic Motion as the constitutional time period for the mandate of the president and the stop of the pact with phony titles and battles under the pretext of defending the place of the presidency The rights of Christians in Lebanon.
The consequence: an artificial debate about the president’s powers and factional and sectarian objectives
An artificial and vacant debate on the powers of the President of the Republic, the steady violation of the constitution and the falsity of its provisions, and the invasion of the head of state and his advisers to the textual content of post 62 by way of unconstitutional fatwas to strike at the institutions and what remained of the destroyed foundations of the point out in Lebanon. The factional and sectarian aims and incitement to sedition get started with an invitation to President Aoun to keep on being at Baabda Palace soon after the conclude of his presidential expression and right up until the election of a new president, and does not finish with heresy to cede the powers of the President of the Republic to the commander of the army, and the modern improvements of the presidential motion in threatening the judiciary with responsibility and in continuing the war on the constitution of The Taif and the situation and powers of the workplace of the key minister in the Lebanese parliamentary program.
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