:
Today, the Free Patriotic Movement submitted a proposed law aimed at postponing parliamentary elections for a period of four months, with the possibility of renewing it twice. This proposal comes as a response to another proposal submitted by ten representatives, proposing to extend the mandate of the Parliament for a full two years.
The text of the proposal stated: “We bid you farewell to the urgent, duplicate law proposal referred to above, attached to the necessary reasons that include the character of urgency, and we hope for your presidency to include it on the agenda of the first legislative session, in support of the provisions of Article 110 of the internal regulations of the Lebanese Parliament.”
First: “The term of the current House of Representatives shall be extended for a period of four (4) months from the date of the end of its legal term.”
Second: “In the event that force majeure conditions continue that prevent the holding of parliamentary elections, the period stipulated in Clause First may be extended for an additional period of four (4) months, in accordance with a decision taken by the Lebanese Council of Ministers.”
Third: “If the same conditions persist after the two extensions referred to above, the term of the House of Representatives may be extended for a final additional period of four (4) months, pursuant to a decision taken by the Council of Ministers.”
Fourth: “This law shall come into effect immediately upon its publication in the Official Gazette.”
-Reasons:
Since the constitutional mandate granted to members of the House of Representatives from the people is limited to four years, and is considered a reflection of the popular will, it may only be renewed or extended through periodic elections. This makes any extension that the representatives decide for themselves subject to constitutional doubt and subject to appeal before the “Lebanese Constitutional Council”, as those who were granted a fixed-term agency do not have the right to extend it without a new mandate from the people.
Whereas the principle of extension itself is considered an exception to the democratic rule that requires the renewal of power through periodic elections, and it should not be resorted to except in cases of extreme necessity that make holding elections impossible.
Whereas Lebanon is currently facing force majeure conditions as a result of the Israeli war on Lebanese territory, and the resulting displacement of citizens and disruption of public life in certain areas, especially in some electoral districts in the south and the suburbs of Beirut and the Bekaa, that is, approximately seven electoral districts, which makes holding elections in them impossible in the current circumstances.
Given the government’s failure to perform its constitutional and legal duties in issuing the joint decision between the Ministers of Interior and Foreign Affairs regarding voting procedures for non-resident Lebanese, not issuing implementing decrees, and rejecting their nomination requests, approximately 144,000 Lebanese voters are deprived of their right to participate in the elections.
Whereas, these factors together make it impossible to hold elections in about half of the electoral districts (eight out of sixteen districts), which requires exceptional and temporary treatment to avoid a constitutional vacuum and preserve the right of the Lebanese to elect their representatives.
Accordingly, and in view of the current force majeure circumstances, a technical and exceptional extension of the mandate of the House of Representatives is proposed for a limited period not exceeding four months, with the possibility of two consecutive renewals for the same period in the event of the continuation of force majeure circumstances, provided that the total extension does not exceed a maximum of one year, with the government retaining the right to call for elections as soon as the causes of force majeure disappear, and at any time when organizing them becomes possible.
To view the full text of the proposal.