Laws propose independent administrative judiciary in Parliament's Justice Committee

BEIRUT — A subdivision of the Parliament’s Administration and Justice Committee on Tuesday discussed two laws regarding an independent administrative judiciary submitted by MP Oussama Saad (Independent/Saida) and the head of the committee MP Georges Adwan (Lebanese Forces/Chouf).

Here’s what we know:

    • The two laws submitted have many similarities including creating a higher administrative judicial council and giving it authorities that are in the hands of the Justice Ministry like the employments and promotions, delegations and the distribution of roles of judges. The two laws also give the higher administrative judicial council the authority to test the judges before they get hired and a procedure to evaluate them.

    • The Council according to Adwan’s law would appoint 10 members of the higher administrative judicial council, seven of them would be appointed by the executive authority unlike Saad’s law which would appoint 14 members of the council, of which, two would be elected by lawyers, two by university professors, two from the administrative judges and two from the Shura Council.

    • The two laws differ as well with the way they test judges before they get employed; Adwan’s law focuses on oral tests while Saad’s focuses on written tests. Saad’s law also reduces the role of the Shura Council while Adwan’s law adds on this role.

    • Forces of Change MP Halimé El Kaakour, who attended the subcommittee session, told L’Orient Today on Tuesday that a law for an independent judiciary, which was sent back by Parliament in its last session before the May 2022 parliamentary elections, is still being studied by caretaker Justice Minister Henri Khoury and that the parliamentary committees are still waiting for him to send it back to them.

    • Following the Administration and Justice Committee meeting, Adwan talked about the matter to the head of tenders Jean Ellieh who appeared before the Court of Cassation for reasons related to a report submitted against him from the Shura Council. Adwan said that the committee has summoned Ellieh, the caretaker Justice Minister Khoury and the head of the Shura Council judge Fadi Elias “to listen to their perspective in the matter.”