218News has learned that the participants in the political dialogue began to deliberate a set of ideas about the authorities of the prospective national unity government and the new presidential council. No final agreement has been made yet as of Sunday morning.
Section on unified executive authority
First Article / General Provisions:
1. The unified executive authority emanating from the Libyan Political Dialogue Forum shall be obligated to organize presidential and legislative elections within the dates specified for the preparatory phase for the comprehensive solution.
2. The unified executive authority is subject to the provisions and procedures issued by the Libyan Political Dialogue Forum, and it is referred to the Libyan Political Agreement and the legislation in force unless it has been stipulated or regulated.
Article Two / The Authorities of the Presidential Council
1. The authority of the Presidential Council:
1. Undertaking the duties of the Supreme Commander of the Libyan Army and appointing it to all its leadership levels.
2. The declaration of the state of emergency and the decision of war and peace after consulting the House of Representatives and the National Defense and Security Council.
3. Accreditation of representatives of foreign countries and bodies in the state of Libya.
4. Appointment and exemption of ambassadors and representatives of the state of Libya to international organizations based on a proposal from the Prime Minister in accordance with the political agreement and Libyan legislation in force, with the ratification of new diplomatic missions.
5. During the consultations to form the government, the prime minister nominates the defense and foreign ministers, with the obligation to consult with the Presidency Council in a group, provided that the prime minister is committed to referring the full cabinet formation to the parliament.
6. Launching the national reconciliation process and forming a high reconciliation commission.
7. The Presidential Council shall exclusively appoint or dismiss the following office holders:
Head of the General Intelligence Service, unless Parliament objects to the appointment.
Head and members of the High National Reconciliation Commission
The rest of the heads of the agencies of the Presidency of the State in accordance with the legislation in force.
8. Issuing presidential decisions within the framework of the powers assigned to him.
2. The Presidential Council takes all its decisions unanimously
3. Functions of the President of the Presidential Council:
1. Supervising the work of the Presidential Council, chairing its meetings, and signing its decisions according to the meeting minutes.
2. Representing the state in a protocol capacity in its foreign relations.
Article Three / Authorities of the National Unity Government
1. The government of national unity is the supreme administrative body of the state. As an exception to the tasks assigned to the Presidential Council, the Cabinet of Ministers shall have jurisdiction over the rest of the responsibilities of the executive authority, and in particular it has the following:
1. Implementing all the measures required to make the roadmap to succeed in achieving elections according to the scheduled dates.
2. Developing and implementing the government’s work program for its term of office, taking into consideration the priorities set forth in the Libyan Political Dialogue Forum.
3. To propose the necessary draft laws to perform its tasks and end the introductory phase.
4. Preparing the draft general budget and final account of the state.
5. Establish and implement temporary emergency financial arrangements, when necessary, after conducting the necessary consultations with the Central Bank of Libya, the two specialized committees of the House of Representatives and the Supreme Council of State, in accordance with the provisions of the financial law in force.
6. Issuing decisions related to the structure and management of the executive bodies and institutions of the government, as it deems necessary and appropriate, after consulting with the relevant authorities.
7. Any jurisdiction stipulated in Libyan laws.
8. Any functions or tasks that can be assigned to it later from the Libyan Political Dialogue Forum.
2. Ministers are responsible for implementing government policy in the sector they are assigned to. Within the framework of governmental solidarity, the ministers perform the tasks assigned to them by the Prime Minister and inform the Council of Ministers about that.
3. The functions of the head of the national unity government:
1. The government operates under the authority of its president, supervises its work, and directs it in the performance of its functions, and he may delegate some of his duties to his two deputies or one of the ministers.
2. Approval of regulations and decisions taken by the Council of Ministers.
3. The ministers are each responsible for the activities of his ministry, and together with the prime minister, they question before the courts about the ministry’s policy
Article 4 / Granting clConfidence to the Government of National Unity
1. The Prime Minister shall present, within a maximum period of (21) days from the approval of this agreement, the ministerial formation of the members of the Government of National Unity and its program of work attached to all the outcomes of the Libyan Political Dialogue Forum to the Council of Representatives for full approval of one package and granting it confidence within a period not exceeding (21) days from Date of submission to the Council.
2. The national unity government is presented to the House of Representatives to give it confidence.
3. If confidence cannot be granted, the matter shall be decided upon by the Libyan Political Dialogue Forum.
4. Immediately from the date of granting confidence to the government, and without other measures, the full powers of the executive authority of the new Presidential Council and the Government of National Unity are transferred, according to the terms of reference specified in the Libyan Political Dialogue Forum, and all existing executive authorities shall expire.
5. The obligations of the previous executive authorities shall not be forfeited or suspended except by the completion of the delivery and receipt procedures and the closing of financial accounts in accordance with the Libyan legislation.
