فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
The Constitutional Circuit of the Libyan Supreme Court issued a historic judicial ruling on December 4 in Constitutional Challenge No. (1) of Judicial Year 63, declaring the Libyan Political Agreement signed in Skhirat in 2015 a governing constitutional document binding on all political bodies and institutions in Libya.
Observers of Libyan political affairs confirmed that this ruling represents an important turning point in strengthening the Libyan people’s trust in judicial institutions, as it redraws the boundaries between competing authorities and prevents the creation of parallel political tracks outside the agreed-upon framework.
Two members of the Libyan Presidential Council, Musa al-Koni and Abdullah Hussein al-Lafi, welcomed the ruling in a joint statement, noting that it “directly strengthens the constitutional legitimacy of the Geneva Agreement complementing the Skhirat Agreement, which clarifies the mechanisms for exercising executive authority and the controls for balance between institutions and the transfer of powers.”
The statement added that “the Political Agreement, in its complete form, including the Skhirat texts and what the Geneva Agreement supports, constitutes the governing and binding constitutional framework for all authorities, and it may not be bypassed, diminished in value, or exceeded in its limits.” It also emphasized that the ruling “places all parties without exception before their legal and national responsibilities, and requires state institutions to exercise their powers without encroachment or monopolization.”
The two members called on the House of Representatives and the High Council of State to perform their roles within the legal framework drawn by the Political Agreement, as it is the regulatory reference for the relationship between authorities and the guarantor of their balance, urging all political and social forces to prioritize the nation’s interest and stability over any narrow considerations.
For his part, public law professor Majdi al-Sharif al-Shab’ani commented on the ruling, explaining that the Skhirat Agreement has been subject to debate since its signing in 2015 regarding whether it had risen to the level of a constitutional source. He clarified that the constitutional value of the agreement is limited to the internal aspect related to building authority and organizing the transitional phase, and does not automatically extend to accompanying international obligations, because the UN mission is not part of the national constitutional structure.
It should be noted that the Skhirat Agreement, which was signed in Morocco in December 2015, stipulated the formation of the Government of National Accord, the appointment of the president and members of the Presidential Council, in addition to the head of the consensus government. It also aimed to end the conflict in Libya, support the role of state institutions in controlling security conditions, commit to protecting the unity, sovereignty and independence of the country, respect the separation of powers, draft a constitution that meets the people’s aspirations, ensure the independence and integrity of the judiciary, monopolize the state’s exclusive right to use force, and prohibit military personnel from engaging in political work.
Analysts believe that this judicial ruling returns the Skhirat Agreement to its position as the supreme reference for Libyan authorities, which strengthens the balance between institutions and limits any potential violations in the course of executive authority, and opens the door to enhancing political stability in the country.
