Damascus-Sana
The President of the Supreme Constitutional Court Mohamed Jihad Al-Lahham said today that the President of the Republic objected to the law of the State Council, which was recently approved by the People's Assembly to consider the constitutionality of some of its provisions.The court found that these articles were unconstitutional and issued its ruling as null.
President Bashar al-Assad referred the law of the State Council, which was recently approved by the People's Assembly, to the Supreme Constitutional Court to consider the constitutionality of some of its articles and to ensure their conformity with the provisions of the Constitution.
Al-Lahham added in a statement to SANA that the first paragraph objected to the formation of the court in the State Council, which included a member of the trade union organization, which is not permissible, as it can not be given the status of a judge to a member of the trade union organization is not a category of judges in the court and this constitutes an imbalance Constitutionally.
The President of the Supreme Constitutional Court added that the second point concerns a provision in one of the paragraphs of the law of the Council of State saying that it does not accept cases relating to acts of sovereignty before the courts of state councils and this is a constitutional violation since
Article 51 of the Constitution prohibits the provision in the laws to immunize any administrative work or decision from the supervision of the judiciary.
Al-Lahham pointed out that the third point in the objection is related to fixing the time limits and the date of filing the lawsuit before the courts with regard to the cancellation requests and set it to 60 days for both public officials and workers, while he did not specify any date.
For the rest of the citizens, this is a constitutional imbalance, since citizens are equal in rights and duties before the law. We cannot give a date for a category or set a date for the rest of the groups. We must set a date for all to be equal in rights and duties.
The President of the Supreme Constitutional Court pointed out that the fourth issue that the court found unconstitutional related to the prevention of the law of the State Council, which was approved by the People's Assembly, to initiate a litigation against the judges of the Council of State. This distinction between judges, as article 164 of the Code of Trial Procedure said that judges and public prosecutors may If they commit in their work fraud, treachery, fraud or serious professional error, they are allowed to file a litigation against the judges, which is a compensation for the illegal act committed by the judge by violating the legal rules and rules, stressing that withholding the right of litigation and the right of litigation of judges constitutes a defect. The RIAA therefore the court decided that this violation of the point is not consistent with the provisions of the Constitution.
Al-Lahham explained that the court issued its decision on the unconstitutionality of these articles and promised them null, stressing that the court's decision in accordance with the Constitution and its law is concluded and binding on all three legislative, executive and judicial authorities.
The Supreme Constitutional Court shall be competent to supervise the constitutionality of laws, legislative decrees , regulations and regulations and to express an opinion on the constitutionality and legality of draft laws and legislative decrees at the request of the President of the Republic.
