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The Chamber of Deputies has adopted, The President of the Republic promulgates the constitutional law worded as follows: Article 1 The provisions of the Constitution are modified as follows: Preamble of the Constitution A - Lebanon is a sovereign nation, free and independent, a definitive country for all its sons, with unified territory, people and institutions, and within its frontiers as defined by the present Constitution and internationally recognised B - Lebanon is Arab in identity and through affiliation. It is a founder member and an active member of the League of Arab States whose Charter it observes, just as it is a founder member and active member of the United Nations Organisation whose Charter and Universal Declaration of Human Rights it observes. The State ensures that these principles are applied in all domains and in all fields without exception. C - Lebanon is a democratic parliamentary republic, founded on the respect of public liberties, and in particular the liberty of opinion and of conscience, as well as on social justice and equal rights and duties of all citizens, without discrimination or distinction. D - The people is the source of powers and holder of sovereignty, which it exercises through constitutional institutions. E - The regime is based on the principle of the separation of powers, of their balance and their cooperation. F - The free economic system guarantees individual initiative and private ownership. G - The balanced development of the regions, culturally, socially and economically, is one of the fundamental pillars of the unity of the State and the stability of the regime. H - The abolition of the political confessional system is an essential national aim which must be achieved by means of a step-by-step plan. I - The Lebanese territory is a unified territory for all Lebanese. Every Lebanese has the right to reside in any part of this territory and to profit from it, under the sovereignty of the law, without division of the people on the base of any affiliation whatsoever, and without dismemberment, partition or implantation. J - Any authority which contravenes the principle of coexistence is illegal. Constitutional Law No. 18 of 21.9.90 Article 17 - Is modified as follows: Executive power is entrusted to the Council of Ministers who exercises it in accordance with the provisions of the present Constitution. Article 18 - Is modified asfollows : The initiative for laws belongs to the Chamber of Deputies and the Council of Ministers. In order that a law may be promulgated, it must have been passed by the Chamber of Deputies. Article 19 - Now reads as follows: A Constitutional Council is to be created for the control of the constitutionality of laws and to resolve litigation and disputes arising from presidential and parliamentary elections. The right of recourse to this Council, as far as the control of the constitutionality of laws is concerned, belongs to the President of the Republic, to the President of the Chamber of Deputies, and to the President of the Council of Ministers, or to ten members of the Chamber of Deputies, as well as to the heads of the legally recognised communities exclusively in what concerns personal status, liberty of conscience, exercise of the cult, and freedom of religious education. The regulations organising the Council, the working procedure as well as the conditions for nomination and recourse relative thereto, will be established by a law. Article 22 - The following text replaces the abrogated article 22 : As from the election of the first Chamber of Deputies on a national, non-confessional basis, a senate will be created in which all religious communities will be represented and whose prerogatives will be limited to questions relative to the destiny of the Nation. Article 24 - Thefollowingparagraph is added to article 24 of the Constitution: Until the Chamber of Deputies adopts an electoral law without confessional community apportionment, parliamentary seats will be allotted according to the following rules: A - Equally between Christians and Muslims. B - Proportionately between the communities of the two groups. C - Proportionately between the regions. As an exception and once only, will be attributed by designation of the government of national agreement, in one step and with a majority of two-thirds, the parliamentary seats vacant at the date of promulgation of the present law as well as the seats newly added to the electoral law for the application of equality between Christians and Muslims, in accordance with the document of national agreement. The electoral law will lay down the details for the implementation of the present article. Constitutional Law No. 18 of 21.9.90 Article 30 - The following paragraph is added to Article 30 : The present article will be abrogated as of right on the formation of the Constitutional Council and the enforcement of the law relative thereto. Article 33 - Is modified as follows: The opening and winding up of the ordinary sessions take place as of right on the dates laid down in Article 32. The President of the Republic, in agreement with the Head of Government, may convene the Chamber of Deputies to emergency sessions by a decree which will determine the opening, the winding up and the agenda. The President of the Republic is bound to convene the Chamber of Deputies to an emergency session if the absolute majority of the members composing the Assembly so requires. Article 44 - Is modified as follows: At each renewal due to elections, the Chamber, meeting under the presidency of its senior member, the two youngest members acting as secretaries, elects separately, by secret ballot and on an absolute majority of votes, a President and Vice-President for the duration of the mandate of the Chamber. At the third ballot the relative majority is sufficient. In the case of an equal number of votes, the elder of the two is declared to be elected At each renewal due to elections, and at the opening of the October session of each year, the Chamber elects by secret ballot two secretaries, in accordance with the majority mentioned in the first paragraph of the present article. The Chamber may, once only, two years after the election of its President and Vice-President, and during the first meeting which it holds, withdraw its confidence from the President or Vice¬President by a majority of two-thirds of all its members, on the basis of a petition signed by at least ten deputies. The Chamber may in this case immediately hold a meeting for an appointment to the vacant seat. Chapter 4 - The Executive Firstly: The President of the Republic Article 49 - Is modified as follows: The President of the Republic is the Head of State and the symbol of the unity of the Nation. He watches over the respect due to the Constitution and the maintenance of the independence of Lebanon, as well as its unity and its territorial integrity, in accordance with the provisions of the Constitution. He presides over the Higher Defence Council, and he is the supreme head of the armed forces who are subject to the authority of the Council of Ministers. The President of the Republic is elected by secret ballot on a two-thirds majority of the votes by the Chamber of Deputies, at the first ballot. At subsequent ballots absolute majority is sufficient. His term of office lasts for six years, and he may only be re-elected six years after the end of his mandate. No one is eligible for the Presidency of the Republic if he does not fulfil the conditions required in order to be eligible for the Chamber of Deputies, and which do not impede this eligibility. Constitutional Law No. 18 of21.9.90 In addition, the magistrates and civil servants of the first category, and its equivalent in all public administration, public establishments and other juridical persons of public law, are not eligible during the exercise of their function and during the two years following the date of their resignation and the effective cessation of their function, or the date of their retirement. Article 51 - Is modified as follows: The President of the Republic promulgates the laws during the time laid down by the Constitution, when they have been voted by the Chamber. He requests their publication, without being able to modify these laws nor to exempt anyone from their execution. Article 52 - Is modified as follows: The President of the Republic negotiates and ratifies treaties in agreement with the Head of Government. The treaties are only final after having been approved by the Council of Ministers. The Government informs the Chamber of Deputies as soon as the interest and the security of the State permit it. Treaties involving State finances, trade agreements, and in general treaties which cannot be denounced at the end of each calendar year, are only final once they have been voted by the Chamber of Deputies. Article 53 - Is modified as follows: 1 - The President of the Republic presides over the Council of Ministers when he so wishes, without participating in a vote. 2 - The President of the Republic appoints the designated Head of Government, in consultation with the President of the Chamber of Deputies and on the basis of imperative parliamentary consultations, the results of which the latter will officially make known to him. 3 - He alone issues the decree of nomination of the Head of Government. 4 - He issues, in agreement with the President of the Council of Ministers, the decree for the formation of the Government and the decrees accepting the resignation of Ministers or dismissing them. 5 - He alone issues the decrees accepting the resignation of the Government or considering it as resigned. 6 - He transmits the draft laws, which are presented to him by the Council of Ministers, to the Chamber of Deputies. 7 - He accredits the ambassadors and receives their credentials. 8 - He presides over the official functions and awards the decorations of the State by decree. 9 - He may pardon by decree. But the general amnesty may only be granted by law. 10 - He addresses, in case of need, messages to the Chamber of Deputies. 11 - He submits to the Council of Ministers any urgent questions outside the agenda. 12 - He convenes the Council of Ministers to an emergency meeting each time that he deems necessary, in agreement with the Head of Government. Constitutional Law No. 18 of21.9.90 Article 54 -Is modified as follows: Each of the acts of the President of the Republic must be countersigned by the Head of Government or the Ministers concerned, with the exception of the decree appointing the Head of Government and the decree accepting the resignation of the government or considering it as resigned In the case of a decree promulgating a law, the Head of Government co-signs with him. Article 55 -Is modified as follows: The President of the Republic may, in the cases mentioned in articles 65 and 77 of the present Constitution, require of the Council of Ministers the dissolution of the Chamber of Deputies before the expiry of its mandate. If the Council of Ministers decides, following this request, on the dissolution of the Chamber, the President of the Republic issues the decree of dissolution. In this case the electing bodies meet as provided in article 25 of the Constitution, and the new Chamber is convened within fifteen days following the proclamation of the election results. The Office of the Chamber continues to dispatch current affairs until the election of a new Chamber. If the elections do not take place within the period provided for in article 25 of the Constitution, the dissolution decree will be considered null and void, and the Chamber of Deputies will continue to exercise its junctions in accordance with the provisions of the Constitution. Article 56-Is modified as follows: The President of the Republic promulgates laws within the calendar month which follows the communication to the Government of the law finally passed, and he requests its publication. He must promulgate, within five days, the laws whose promulgation has been declared a matter of urgency by a special vote of the Chamber, and he must request their publication. He issues the decrees and requests their publication. He has the right to request from the Council of Ministers the revision of any decision taken by the Council, during the fifteen days which follow the date of communication of this decision to the Presidency of the Republic. If the Council of Ministers maintains the decision taken, or if the period expires without publication of the decree or its reconsideration, the decision or the decree will be considered in force as of right and must be published Article 57 -Is modified as follows: Within the period set for promulgation, and after consultation with the Council of Ministers, the President of the Republic may request, once only, a new debate regarding a law, which may not be denied him. When the President makes use of this right, he is only bound to promulgate the law if this law has been passed by the Chamber after a second debate by an absolute majority of the members legally constituting this Assembly. Should the period elapse without promulgation or reconsideration of the law, this law will be considered in force as of right and it must be published Constitutional Law No. 18 of21.9.90 Article 58 - Is modified as follows: The President of the Republic may render executory, by a decree taken on the favourable advice of the Council of Ministers, any draft law which the government has declared urgent by the decree of communication taken on the favourable advice of the Council of Ministers, forty days after its communication to the Chamber and after its inclusion in the agenda and its reading during a general meeting, and on which the Chamber has not adjudicated during this period Article 62 - Is modified as follows: In case of vacancy of the Presidency of the Republic, the authority of the President of the Republic will be exercised, on an interim basis, by the Council of Ministers. Secondly: The President of the Council of Ministers. Article 64 - Now reads as follows: The President of the Council of Ministers is the Head of Government. He represents the Government and speaks in its name. He is responsible for the execution of the general policy which the Council of Ministers recommends. He exercises the following powers: 1 - He presides over the Council of Ministers, and he is as of right vice-president of the Higher Defence Council. 2 - He undertakes parliamentary consultations for the formation of the government, and he co¬signs with the President of the Republic the decree for the formation of the government. The government must present to the Chamber of Deputies its ministerial declaration for the obtaining of confidence within a period of thirty days dating from the publication of the decree of formation. The Government may not exercise its powers before obtaining the vote of confidence, nor after its resignation, nor after being considered as resigned, except in the restricted domain of the dispatch of current affairs. 3 - He makes known the general policy of the government to the Chamber of Deputies. 4 - He co-signs with the President of the Republic all decrees with the exception of the decree appointing him Head of Government and the decree accepting the resignation of the Government or considering it as resigned 5 - He signs the decree of convocation at the opening of an emergency session and the decrees promulgating the laws and requesting their revision. 6 - He convenes the Cabinet to meetings, and he lays down the day's agenda. He informs the President of the Republic, in advance, of the questions on the agenda and the urgent questions which will be debated 7 - He supervises the activities of the public administration and institutions. He ensures the coordination between the Ministers, and he issues general directives to ensure the good functioning of the work. 8 - He holds work meetings with the parties concerned in the State, in the presence of the Minister in charge. Constitutional Law No. 180f21.9.90 Thirdly: The Council of Ministers Article 65 - Now reads as follows: Executive power is entrusted to the Council of Ministers. The armed forces are subject to its authority, and the prerogatives which it exercises are, among others: 1 - The establishment of the general policy of the State in all domains, the establishment of draft laws and organic decrees, and the taking of the necessary decisions for their execution. 2 - The supervision of the implementation of laws and regulations, and the supervision of activities of all the organisms of the State, that is to sqy, the civil, military and security administration and institutions, without exception. 3 - The nomination of civil servants of the State, their dismissal, and the acceptance of their resignation, in accordance with the law. 4 - The dissolution of the Chamber of Deputies at the request of the President of the Republic if the Chamber of Deputies abstains, without the reason of force majeure, from meeting during an ordinary session or during two consecutive emergency sessions, the duration of each one being not less than one month, and in the case where the Chamber rejects the budget as a whole with a view to counteracting the work of the government. This right mqy not be exercised a second time for the same reasons as those which led to the dissolution of the Chamber the first time. 5 - The Council of Ministers meets periodically at a special place, and the President of the Republic presides over these meetings when he is present. The legal quorum required for the meeting is a majority of two-thirds of its members, and the decisions are taken by mutual agreement. Where this is impossible, a vote must be taken, and the decisions are taken on the majority of those present. But for fundamental questions the approval of two¬thirds of the members of the government named in the formation decree is necessary. Fundamental questions are the following: The revision of the Constitution, the declaration of the state of emergency and its abrogation, war and peace, general mobilisation, international treaties and agreements, the general budget of the State, the general plans for long-term development, the nomination of civil servants of the first category or their equivalents, the revision of administrative divisions, the dissolution of the Chamber of Deputies, the electoral law, the nationality law, the laws regarding personal status and the dismissal of Ministers. Article 66 - Is modified as follows: No one may be a Minister if he is not Lebanese, and if he does not fulfil the conditions required in order to be eligible for the Chamber of Deputies. Ministers assume the higher management of all the State services attached to their respective departments. Each, within his competence, sees to the enforcement of the laws and regulations. The Ministers are severally responsible before the Chamber of Deputies for the general policy of the Government and individually for their personal acts. Constitutional Law No. 180f21.9.90 Article 69 - The following text replaces the text of the abrogated article 69 : 1 - The government is considered as resigned in the following cases: A - If the Head of Government resigns. B - If the government loses more than a third of its members as determined in the decree of formation. C - In the case of the death of the Head of Government. D - At the beginning of the mandate of the President of the Republic. E - At the beginning of the mandate of the Chamber of Deputies. F - When confidence is withdrawn from the government by the Chamber of Deputies, on the initiative of the Chamber or as the result of a request for a vote of confidence. 2 - A Minister may be dismissed by a decree signed by the President of the Republic and the Head of Government, after the approval of two-thirds of the members of the Government. 3 - When the Government resigns, or when it is considered as having resigned, the Chamber of Deputies meets as of right in an emergency session until a new government is formed and obtains its confidence. Article 70 -Is modified as follows: The Chamber of Deputies has the right to impeach the President of the Council of Ministers, and the Ministers, for high treason or for serious negligence of the duties entrusted to them. The impeachment may only be decided on a majority of two-thirds of the members of the entire Assembly. A special law shall determine the civil responsibility of the President of the Council of Ministers, and the Ministers. Article 71 -Is modified as follows: The President of the Council of Ministers or the Minister under accusation is to be judged by the Higher Court. Article 72 - Is modified as follows: The President of the Council of Ministers or the Minister relinquishes his post as soon as he has been committed for trial. Their resignation does not preclude the initiation or pursuance of proceedings against them. Constitutional Law No. l80f21.9.90 Article 77 - Is modified as follows: The Constitution may equally be revised on the initiative of the Chamber of Deputies. This right is exercised in the following way : The Chamber of Deputies may, during an ordinary session and on the proposal of at least ten of its members, on a majority of two-thirds of the members who compose it legally, voice the wish that the Constitution be revised The articles and questions covered by this wish must be specifically enumerated and clarified The President of the Chamber conveys the wish to the Government, asking it to draw up a draft constitutional law. If the government approves the wish of the Assembly by a majority of two¬thirds, it must prepare the draft relative to it and table it before the Assembly within a period of four months. If the Government is not in agreement with the Assembly, it sends back the wish issued by the Assembly so that the latter may debate on it again. If the Assembly maintains its wish by a majority of three-quarters of the members legally composing it, the President of the Republic is at liberty either to acquiesce to the desire of the Assembly, or to request the Council of Ministers to dissolve the Assembly and to proceed to new elections within a period of three months. If the new Assembly insists on the necessity for revision, the Government must acquiesce to the wish of the Assembly and present the draft law within a period of four months. Article 79 - Is modified as follows: When a draft constitutional law is tabled before the Chamber of Deputies, the latter may only validly deliberate and vote when a two-thirds majority of the members legally composing it attends. The same majority is requiredfor the vote. The President of the Republic is bound to promulgate the constitutional law in the same conditions and forms of promulgation and publication as ordinary laws. He may, in the period set for the promulgation and after consultation with the Council of Ministers, require a new deliberation. This will again proceed on a majority of two-thirds. Article 80 - Is modified as follows: The Higher Court, whose function is to judge the Presidents and Ministers, is composed of seven deputies elected by the Chamber of Deputies and eight of the highest Lebanese magistrates, taken in hierarchical order or, at equal rank, by order of seniority, under the presidency of the top grade magistrate. The verdicts of condemnation by the Higher Court are rendered on a majority of ten votes. A special law will lay down the procedure to be followed in front of this Court. Article 85 - Is modified as follows: No emergency credit may be opened except by special law. However, when unforeseen circumstances render urgent expenditure necessary, the President of the Republic may, by decree taken on the basis of a decision of the Council of Ministers, open emergency or supplementary credits, and operate credit transfers in the budget, on condition that these credits do not exceed a maximum limit laid down in the budget law. These measures must be submitted to the Chamber for approval at the first following session.. Article 86 - Is modified as follows: If the Chamber of Deputies has not definitively dealt with the draft budget before the expiry of the session for the examination of the budget, the President of the Republic, in agreement with the Head of Government, will immediately convene the Assembly to an emergency session, expiring at the end of January, to proceed with the budget debate. If at the end of this emergency session it has not finalised the budget, the President of the Republic may by decree render the project of the budget executory in the form in which it was presented to the Chamber. The Council of Ministers will only be able to exercise this power if the draft budget was tabled before the Chamber at least fifteen days before the beginning of the session. During the aforesaid extraordinary session, the taxes, contributions, duties, fees and other revenue continue to be levied as previously. The expenditures for the month of January are engaged by the Government on the basis of the provisional twelfth of the preceding financial year increased by additional permanent credits and reduced by the permanent credits withdrawn. Article 95 - Is abrogated and replaced by the following text: The Chamber of Deputies, elected on the basis of the apportionment in equal halves between Muslims and Christians, must take adequate steps to abolish the confessional system by a step¬by-step plan and form a national committee under the presidency of the President of the Republic bringing together, with the President of the Chamber and the President of the Council of Ministers, personalities drawn from the politicians, intellectuals and leading members of society. The assignment of the Committee will consist of studying and proposing methods capable of abolishing the confessional system, to present them to the Chamber of Deputies and the Council of Ministers, and to follow the execution of the step-by-step plan. During the transitory period: A - The communities will be equally represented in the formation of the Ministry. Constitutional Law No. 18 of 21.9.90 B - The rule of community representation will be abolished, and specialisation as well as competence will constitute the criteria for public functions, the magistracy, the military and security institutions, as well as the public and mixed institutions, in conformity with the needs of national agreement, with the exception of functions of the first category and functions equivalent to the first category which will be divided equally between Christians and Muslims, without any function being reserved for one community, and taking into account the principles of specialisation and competence. Article 2 All legislative provisions contrary to the present constitutional law are abrogated Article 3 The present constitutional law shall be published in the Official Gazette.(1) (1) The present law has been published in the Official Gazette No. 39 (supplement) of27.9.1990 Beirut, 21/9/1990 Signed: Elias Hrawi By the President of the Republic The President of the Council of Ministers Signed: Salim Hoss ------------------------------------------------------ |
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