The second clause of a copy of the constitutional basis that the Legal Committee reached with the recipient of the Libyan Political Dialogue Forum showed that the House of Representatives is elected through free election by the people, with 30% representation of women and by ensuring fair representation of Libyan minorities, and that the city of Benghazi is its official headquarters, provided that the House of Representatives holds its first meeting headed by the eldest, and the youngest member shall be its rapporteur, while the first session takes place two weeks after the announcement of the final results of the elections.
According to the Italian news agency Nova, which announced that it had obtained an exclusive copy, “The basis granted the largest powers in the House of Representatives to the majority of its members, especially with regard to constitutional procedures, declaring states of peace and war, and granting concessions to foreign investment, and the time limit for the mandate of the elected parliament is only 4 years.”
“Another term is elected through the permanent constitution, which the House of Representatives must complete within a deadline of only 6 months. If a referendum is not possible, then the elections are carried out through the same basis.”
The Italian news agency said:
An exclusive copy of the constitutional basis reached by the Legal Committee of the Libyan Dialogue Forum, and presented by the United Nations envoy in Libya Jan Kubis to the members of the forum; to hold a meeting after Eid al-Fitr, and vote on it to be actually approved for the next elections.
It reached the basis to amend paragraph 12 of Article 30 of the Constitutional Declaration to include postponing the referendum on the constitution after the December elections until the formation of a new executive authority, provided that the authority expedites the referendum on the constitution.
The second clause stipulated that the House of Representatives would be elected through free election by the people, with 30% representation of women and ensuring fair representation of the Libyan minorities, and that the city of Benghazi would be its official headquarters, provided that its first meeting would be held under the chairmanship of the eldest, and the youngest would be its rapporteur, and the first session would be two weeks after the announcement of the final results of the elections.
The basis granted the largest powers in the House of Representatives to the majority of its members, especially with regard to constitutional procedures, declaring states of peace and war, and granting concessions to foreign investment, and the time limit for the mandate of the elected parliament is only 4 years, and another is elected through the permanent constitution, which the House of Representatives must fulfill its entitlements to within a period of 6 months only, but in the event that a referendum on it is not possible, the elections will take place through the same basis.
The constitutional basis specified that the Speaker of Parliament and his two deputies shall be elected within two weeks only, and the mandate of each of them is for one year and is not renewable, provided that he guarantees the development of an internal law and the holding of public sessions, provided that no member combines his membership in the House of Representatives with another position in one of the institutions of the executive power.
As for the procedures taken when a seat becomes vacant, it is the selection of an alternative candidate in accordance with the electoral law, and notifying the National Elections Commission within a maximum period of 10 days. As for the most important tasks of the Council, it is oversight of the work of the executive authority, granting confidence and withdrawing it from the government, and approving the general budget of the state, provided that the decision to withdraw confidence from the government is by the overwhelming majority, and it continues to conduct its business until another assignment.
The constitutional basis presented two proposals on the mechanism for electing the president directly from the people or from Parliament, so that the Forum for Political Dialogue could consider and resolve it, and despite the importance of this point, its sensitivity is interceding for the members of the committee, coupled with the critical situation the country is going through.
The constitutional rule stipulates, in the case of the election of the president from Parliament, that each candidate obtain two recommendations from each electoral district, and obtain two-thirds of the votes of the members, and if no one gets the two-thirds, another session is organized within a week in which the two candidates who obtain the largest number of votes participating wins, provided that it includes at least half of the representatives.
As for the option to vote directly from the people, it was stated in the draft that it should be elected by free and direct voting, and by an absolute majority of the votes, provided that another round be organized within two weeks, in the event that none of the candidates obtains the majority of the votes.
The constitutional basis also talked about conditions for the president’s candidacy, most notably that he does not hold another nationality, that he has not been convicted in cases of human rights violations, and that he obtains the recommendation of 5,000 Libyan citizens.
The president was granted the powers to choose the prime minister or exempt him from his duties in the government, to represent the state diplomatically, in addition to the duties of the Chief Commander of the Libyan Army, to appoint ambassadors and senior officials, and to declare a state of emergency.
It also chose that the dismissal of the president or his accusation of high treason would be in the hands of the majority of the members of the Libyan Parliament, with a two-thirds majority of the members, to be tried before the Supreme Court.
The responsibilities of the Council of Ministers will be executive, represented in government policy and budget, proposing draft laws, issuing regulations and decisions, negotiating treaties and international agreements, saying that the Prime Minister of Libya should not hold any other nationality and should not be convicted of any crimes.
The constitutional basis tried to address the issue of uniqueness in the decision, giving most of the powers to the cabinet. As for the prime minister, his powers are limited to calling meetings, consulting about his government with the prime minister, and appointing deputy ministers.
According to the articles of the constitutional basis, the state must have control over possession of weapons and the institutions of the army, police and security services, provided that the army takes over the defense of the homeland and is committed not to prejudice the constitutional order, and is subject to civilian authority, and the army, police and security services have the right to vote in elections without running.