After the Supreme Council of State in Libya rejected the electoral laws issued by the House of Representatives, observers are wondering about the fate of the presidential and parliamentary elections scheduled for next December 24, and the points of contention between the two chambers, and is there room for consensual legislation?

On Tuesday, the Supreme Council of State in Tripoli called on the High Electoral Commission to suspend the laws issued by the House of Representatives in Tobruk regarding the election of the President's Law and the Law of Election of the House of Representatives in the presidential and parliamentary elections.

In its speech, the State Council held the High Elections Commission "the legal, moral and security responsibility in the event that it takes any action that responds to the laws issued by the House of Representatives."

This refusal comes the day after the High Electoral Commission announced the receipt of the new parliament election and president election laws issued by the House of Representatives in Tobruk to hold the parliamentary and presidential elections.


What are the differences between the two councils?

The Libyan House of Representatives, in its session in the city of Tobruk, approved the parliamentary elections law scheduled for next December 24, without consultation or agreement with its political partner, the Supreme Council of State, and the law adopts individual representation without the presence of parties in it, contrary to the wording of the draft law presented by the Council. The highest state and the number of electoral districts depends.

The adoption of the legislative elections law comes less than a month after the adoption of the controversial presidential election law, which was approved by Parliament Speaker Aguila Saleh without putting it to a vote, which sparked a wave of resentment among a large number of political parties.

The Libyan House of Representatives also approved the holding of parliamentary elections a month after the presidential elections scheduled for December 24, which was rejected by the Supreme Council of State, blaming Parliament for any delay.

What is the reason for the controversy between the House of Representatives and the state over electoral legislation?

The Supreme Council of State considers that some members of the House of Representatives took a unilateral action in a non-consensual manner regarding the issuance of the law for the election of the head of state and the law for the election of the House of Representatives, which the State Council considers to be in violation of the internal system of the House of Representatives and the Skhirat Agreement included in the constitutional declaration.

The State Council considers that Article 23 of the political agreement stipulates that the House of Representatives and the Supreme Council of the State “form a joint committee between them two months before the end of the work of the Constituent Assembly to Draft the Constitution. Laws for the House of Representatives to pass.

Who organizes the electoral process in Libya?

The High Electoral Commission in Libya is responsible for implementing the entire electoral process after Parliament sends the necessary legislation to conduct the electoral benefits in the upcoming presidential and parliamentary elections and technically monitor them.

The High Electoral Commission has announced its readiness, ranging between 80% to 90%, to hold the elections on time next December, stressing that the preparations are nearing completion despite the political differences.

What are the amendments to the Electoral Commission?

The Libyan House of Representatives voted in a session to accept 5 amendments received from the High Electoral Commission on Law No. 01 of 2021 regarding the election of the president, with the exception of one recommendation regarding the addition of an article to the law.

The House of Representatives amended Article 12 regarding stopping work to run for the presidency, Article 16 regarding setting and repeating the polling day, Article 20 concerned with informing the candidate of his violation of one of the conditions, Article 22 regarding waiver of candidacy, and Article 50 regarding contesting elections.

The House of Representatives approved the observations contained in Law No. 2 of 2021 regarding the election of the House of Representatives, with the exception of one point related to amending Article 24 of the law to allow voting by correspondence.

What are the results of the negotiations of the House of Representatives and the Supreme Council of the State to approve consensual legislation?

The delegations of the House of Representatives and the Supreme Council of State held consultations for several days in the Moroccan capital, Rabat, which ended without announcing the end of their dispute over the parliamentary and presidential elections.

The House of Representatives in Tobruk refuses to reopen the law on the election of the president to include the observations of the High Council of State in the law or the law for the election of parliament after consultations between the delegations of the House of Representatives and the state in Morocco.

The head of the Supreme Council of State, Qassem Dabarz, stated that the meeting of the delegations of the House of Representatives and the State handed over integrated proposals that can be discussed in accordance with the provisions of the political agreement.

In his statement to Al-Jazeera Net, Dabarz confirmed that the Speaker of Parliament, Aqila Saleh, insists on bypassing everyone and detailing the election law on people who are absolutely rejected in the Libyan scene.


What is the fate of the elections after the Supreme Council of the State rejected the electoral laws?

Member of the Supreme Council of State, Fathallah Al-Sariri, considered that the electoral process is threatening, incomplete and unconstitutional, and he is challenging it before the judiciary, which will not need any effort to rule the electoral laws unconstitutional and to cancel the results of the parliamentary and presidential elections with ease.

The head of the State Council delegation in Morocco's negotiations added to Al Jazeera Net that the repercussions of "the failure of the electoral process are greater by the failure of some parties to accept the electoral results for the lack of real consensus, not to mention the loss of mutual trust that will cause the elections to be unfair and transparent according to the current circumstances and data."

Al-Sariri reiterated the State Council's refusal to issue electoral laws in violation of the constitutional provisions governing the transitional period, namely the "political agreement and amendments to the constitutional declaration."