Syrian State Council Judge Yahya Al-Ali revealed to RT details of the articles that the Constitutional Court approved the Syrian president’s objections to its constitutionality, and announced that it added a new article concerning the litigation of judges.
Al-Ali said that President Bashar al-Assad’s objection included three articles in the law of the Syrian Council of State,
including the formation of the courts,
according to the text approved by the People’s Assembly (parliament) composed of two judges in addition to a representative of the trade union organization (union).
This, in fact, is unconstitutional
says al-Ali, because “this is a judicial formation and it is not permissible to legalize the employees of the state.”
The second article contains a text stating that “the time limit for filing a lawsuit before the court in respect of cancellation requests for public officials or the like shall be sixty days.”
The court found that the article contravened “equal access to justice for all, as it must be available to all,
not only to employees,” says Ali.
The third objection was on the issue of sovereign decisions,
and the draft was that “the claims concerning sovereign decisions are not accepted
and more correctly the “lack of competence of the State Council” to consider them,
because the sovereign decisions as Ali adds on declaring war and declaring a state of emergency. It does not accept appeals before the courts,
and is not within the jurisdiction of the State Council. The wording accepted the lawsuits,
while it should have been incompatible with the State Council to accept them, on the grounds that
“no administrative decision shall be immune from the judiciary, according to the Constitution.” .
Al-Ali says that the Supreme Constitutional Court added a new article that the President did not mention
in his objection to the constitutionality of the three articles mentioned above,
and did not come in his objection,
while stressing that “its decision is binding on all” and the article concerns the litigation of judges.
The law of the State Council in force does not include litigant leave for judges, and added “constitutional” article allows it,
(when the lawyer considers that there is a grave error in which the judge made a request to contest the decision of the judge and not in person),
and believes that “the Constitutional Court is not successful” The State Council, by virtue of its competence,
is the other party as a public body, and the decision of the Constitutional Court to add that article,
means obliging public bodies to resort to litigation and thus prolong litigation.
“Now there is a text of the dispute, which the court has addressed on its own,” says Ali.
On the implications of the objection, Ali says that the Constitution allows the President of the Republic
and five members of the People’s Assembly to object to what approved in the People’s Assembly,
and that the next step is to introduce these articles in the text of the law to become binding, and therefore must be added to the law.
On the incompatibility of some articles with the Constitution, although the law was prepared by a judicial body,
a source in the People’s Assembly said that the objections,
which the Constitutional Court recognized as inconsistent with the country’s constitution,
were not included in the text of the original draft law received from the State Council, but were added.
Within the amendments made by the Committee on Constitutional and Legislative Affairs of the People’s Assembly.
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