“The Legality of Extending Municipal and Elective Councils: Insights from Former Judge and Lawyer, Francois Daher”

Former judge and lawyer Francois Daher

There is no doubt that the law extending municipal and elective councils is a governmental act par excellence (acte de gouvernement), as it was ratified by the Representative Council by virtue of a law, and therefore it is not subject to revocation by the Constitutional Council due to the possibility of it violating the provisions of the constitution, given its legal nature (vu sa nature). juridique occulte). It is also not subject to revocation on the basis that the parliament has become an electoral body for the President of the Republic and not a legislative body, and its approval during the presidential vacuum makes it a violation of the provisions of Articles 74 and 75 of the Constitution. This is because, even if this interpretation of the text of the aforementioned articles is correct, it remains that the aforementioned Council is its own master, and there is no oversight by the Constitutional Council over the extent to which it exercises its constitutional powers and overstepping them. .

In any case, the annulment of the extension law for municipal and elective councils, in the event of its occurrence and approval by the Constitutional Council, aims, in conclusion, to oblige the executive authority to complete its own elections. However, this obligation goes beyond the scope of his powers on the one hand, and conflicts with the appropriateness of its completion or not on the other hand. Considering that the assessment of appropriateness falls within the exclusive competence and powers of that authority. Therefore, the application for annulment to be submitted is a kind of impossible on the legal level, and lacks political realism and appropriateness, in light of the conditions that the country is experiencing at all levels, and the complete vacuum that has taken place in the executive authority and the extent of the impact of the direction that its reconfiguration will take on the composition of the local authorities themselves, When elections related to municipal and optional councils are completed in a timely manner.