Lebanese President Joseph Aoun. (Credit: NNA)
President Joseph Aoun on Friday returned to Parliament the law on judicial independence, adopted July 31, for further review. He exercised his constitutional right to withhold promulgation within one month of receiving the text.
The draft law was sent to Baabda on Aug. 7. Under the Constitution, once reconsidered, it can only be promulgated if approved by an absolute majority of MPs.
In his decree, Aoun raised several objections. Chief among them is a provision giving the public prosecutor at the Court of Cassation the authority to order any prosecutor to halt proceedings in an ongoing case. The measure has sparked broad criticism in judicial circles as an infringement on the autonomy of magistrates.
The president also pointed to contradictions, including between Articles 2 and 18. Article 18 stipulates that the first president of the Court of Cassation and the head of the Judicial Studies Institute may be appointed from judges of grade 16 and above, while Article 2 requires a minimum of grade 18.
Another concern is the procedure for convening the Higher Judicial Council. If the council president refuses to convene it, the law transfers the authority first to one-third of its members, then to one-third of all sitting judges. However, the law sets no time frame for when a refusal is considered effective.
Aoun further noted that the law requires Higher Judicial Council members to declare their assets from the date they are sworn in, without defining the content or procedure of the oath.
His decree also cited “numerous material, typographical and linguistic errors,” listing 14, including misreferenced articles.
On Saturday, the Lebanese Judges Association welcomed what it called “the president’s national stance” in light of the law’s shortcomings. It urged MPs to “conduct a thorough study of each article” and to consider the Association's recommendations. “The key is to adopt an effective law that ensures genuine judicial independence in harmony with rebuilding the state, not a law that merely proclaims independence while undermining it in practice,” it said.
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