Prime Minister Nawaf Salam during his government's meeting on May 2, 2025. (Credit: GrandSerail/X)
The Cabinet, chaired by Nawaf Salam, approved the draft law on judicial independence Friday, a source familiar with the matter told L'Orient-Le Jour. The bill was then criticized by the Lebanese Judges Association, which expressed concerns and reservations through its president.
President Joseph Aoun, Prime Minister Nawaf Salam and Justice Minister Adel Nassar had all pledged to revive Lebanon’s judiciary and push for the bill’s approval. The version adopted was drafted by Nassar after he amended a previous version proposed by Parliament’s Administration and Justice Committee in March 2023. The changes were made following consultations with various judicial and civil bodies, as well as recommendations from the Venice Commission and the Justice Forum.
On his X account, Salam said the bill “strengthens the essential impartiality of judges in issuing rulings by shielding them from pressure or temptation.” He also said it “reassures litigants, who can hope for rulings free from political, religious, financial or other influence.”
According to him, the bill “also helps revive economic activity by restoring an investment-friendly climate of trust. It restores balance between the judicial, legislative, and executive branches, while enhancing the state’s credibility both nationally and internationally.”
The judicial independence bill, initially proposed in 2018, aimed to ensure a transparent and independent judiciary free from political interference. The draft underwent substantial changes in the parliamentary committee, drawing criticism from civil society groups who argued the revised text no longer met its original goals. The legislative process was marred by delays and repeated referrals back to the committee, and in February 2022, the bill was sent back for further revision.
Following Friday’s Cabinet session, Information Minister Paul Morcos confirmed the bill’s approval. “Justice Minister Adel Nassar explained how the draft law ensures financial independence, particularly through a dedicated budget line within the Ministry of Justice,” he added. Morcos also announced Cabinet approval of “certain tax exemptions for victims of the recent war” between Hezbollah and Israel. He said the Cabinet also decided to “form a committee to examine solutions for the legitimate demands of retired military personnel.”
Georges Adwan, MP and head of the Administration and Justice Committee, responded on his X account to welcome the decision, “after the previous government had requested the withdrawal of the draft law, leaving it to sit in drawers for a long time.” He added, “We reaffirm our readiness to study it as soon as we receive it again from the government, because an independent judiciary is the cornerstone of any reform.”
Lebanese Judges Association's criticism
Earlier Friday, the Lebanese Judges Association had called on the Cabinet to “seize this decisive opportunity and give this bill the time it deserves for in-depth study, to incorporate genuine administrative and financial independence for the judiciary.”
Contacted by L’Orient-Le Jour after the Cabinet session, Lebanese Judges Association president Najate Abou Chacra criticized the approved bill, saying it “does not guarantee judicial independence.” She pointed out that the approved version is titled “law on judicial organization” and asked: “Does this bill replace the proposal for a law on judicial independence? And what has become of the latter?”
Abou Chacra raised several objections, particularly the lack of clarity on the legal nature of the Higher Judicial Council (HJC). She criticized the fact that the law does not grant the HJC the right to appeal to the Constitutional Council.
“This law should not determine which parties are competent to file appeals before the Constitutional Council,” a source close to the Justice Ministry told L’Orient-Le Jour.
Abou Chacra also noted that, under the new bill, only five members of the HJC would be elected by judges, while the other five would be appointed by the executive branch. “How can independence be ensured in that case?” she asked.
The source close to the Justice Ministry defended the appointment mechanism, saying it “strikes a perfect balance” and prevents “any politicization of the judiciary or its use for electoral purposes.”
“We do not want the judiciary to become an electoral battleground,” the source added. A source close to the HJC expressed similar views.
According to the ministry source, HJC members appointed by the executive are named “after a selection process carried out by the judges themselves.” Three permanent members of the HJC are designated by the Cabinet: the HJC president, the public prosecutor at the Court of Cassation, and the head of the Judicial Inspection Authority. These appointments are made from a shortlist of three names for each position, submitted by the HJC.
The remaining two members are appointed by ministerial decree signed by the justice minister, the prime minister, and the president, based on proposals from the presidents and advisors of the Cassation Chambers and the presidents and councilors of the Courts of Appeal.
As for the five elected members, the draft provides that a president of a Cassation Chamber be elected by presidents and advisors of the ten Cassation Chambers; two presidents of Courts of Appeal be elected by their peers; one first-instance judge and one sole judge be elected by all first-instance and sole judges.
Legal Agenda welcomed the move as “a major step forward in the judicial reform process” and said it would release comments on the bill in the coming days in light of the Lebanese Judges Association’s criticisms. The organization also expressed hope that the initiative would be followed by serious efforts to adopt laws ensuring the independence of Lebanon’s administrative and financial judiciary in line with international standards.
