المحكمـــة الدستوريـــة العليــا
The Supreme Constitutional Court
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The law of the Supreme Constitutional Court

Chapter Six

Concluding Provisions

Article (51)

All the legal actions and requests that are heard before the Supreme Court are subject to the provisions of this law and are within the jurisdiction of the court shall be transferred under their existing status to this court immediately after its formation and without fees.

 

 Article (52)

The president of the court shall issue the interior regulations and the needed decisions for the implementation of the provisions of this law after being ratified by the absolute majority of the General Assembly.

 

Article (53)

The decisions of the court shall be published in the Official Gazette.

 

Article (54)

Any provision that is contradicting to the provisions of this law is annulled.

 

Article (55)

 All competent parties - all that concerns him - shall implement the provisions of this law. This law comes into force after thirty days from the date of being published in the official Gazette.

 

 

Issued in Ramallah on 17/2/2006.

Mahmoud Abbas

Head of the Executive Committee of the P.L.O

President of the state of Palestine.


 

 

 

Chapter Five

Financial and administrative Issues

Section One

Financial Issues

 

Article (48) 

 

1.   1- An annual independent budget is allocated for the court according to the principles of preparing the balance sheet.

2.   2-The president of the court undertakes to develop a budget proposal to be submitted to the concerned parties after discussion and ratification          by the General Assembly of the court with the absolute majority. The president of the court is responsible for all the related issues relevant to          the execution of the budget in accordance to the regulations issued by to this law.

3.   3- The budget of the court and the final account statements are subject to the provisions of the Law on the balance sheets.

 

Section Two

Administrative Issues

 

Article (49) 

     1-There shall be a Secretary-General, head of the clerk's office and a sufficient number of employees and administrative staff, the president of             the court and the Minister of Justice have the supervisory authority each according to his competencies of the Law.

2.  2-The Secretary-General of the Court shall be appointed by a decision of the President of the State of Palestine in a judicial capacity based of the recommendation of the Council of Ministers and the recommendation of the General Assembly of the Court. He shall be appointed from the        rank of appeal  judge to the rank of supreme judge, and supervises all the work of the staff, and all matters related to administrative and                    financial affairs of the Court, under the supervision of the President of the Court.

 

 

Article (50)

th the administrative staff working in the court is subject to the provisions Civil Service Law.

 

 

 

Chapter Four

Fees and Expenditures

Article (45)

1.  A fixed fee amounting to one hundred Jordanian dinars (JOD) or the equivalent in current legal currency is imposed on the actions that are lodged to the court in accordance to this law. The imposed fee includes all the judicial proceedings of the case including the publishing of the papers and the decisions.

2. The plaintiff shall lodge a deposit (warranty) in the court treasury upon submitting the case pleading amounting to one hundred. or the equivalent in the current legal currency. In the case were there is more than one plaintiff lodging the legal action in the same pleading, one warranty is deposited. The court orders to seize the warranty if the case was not accepted or refused.

3. With consideration to the following article, the clerk's office refuses to accept the case pleading if it was not associated with a proof for the deposit.

 

Article (46)

Exemption from fees:                                     

1. Whoever proofs to be financially incapable may be exempted from paying the fees (partially or totally) and the warranty (partially or totally).

 

2. The president of the court renders judgments concerning the   exemption applications after reviewing the papers and hearing the statements of the applicants. His decision in this case is final.

3.  As a result of submitting the fee exemption application, the dates for lodging the case (for unconstitutionality) are paused.

 

Article (47)

 

The fees and expenditures (in the cases were there is no provision in this law) are subject to the provisions stipulated in the law on the fees for the Regular Courts number (1) for the year 2003.

 

Chapter Three

Decisions and Rulings

Article (38)

 The decisions of the court are issued in the name of the Arab Palestinian People.

 

Article (39)

1. The court decides to hold back the case after closing the court pleading.

2. The court settles the case automatically in all subsidiary issues

 

Article (40)

The judgments of the court are final and not subject to appeal.

 

Article (41)

1. The rulings of the court in the constitutional cases and the explanatory decisions are binding to all the authorities in the state and to everyone.

2.   If the court decided that the provision subject to revision is partially or completely impaired or faulty due to unconstitutionality, it shall explain this in a reasoned decision describing the limits of the unconstitutionality. The provision that is considered unconstitutional is within the framework of the court decisions that are unlawful and inapplicable.

3.   If the decision of unconstitutionality was relevant to a penal provision; the incriminating decisions shall be considered inapplicable. The President of the court informs the Attorney General with the decision immediately after the pronunciation of the judgment to take the required legal proceedings.

 

Article (42)

A draft copy of the decision is kept in the case file at the time of pronunciation, it includes the text of the decision, the reasoning and its status from the panel of the court.

 

Article (43)

1. The court exclusively settles the disputes concerning the execution of the rulings and decisions that are issued in accordance to Enforcement Law to the extent that       is  not contradicting with the nature and the competence of the court, and the situation before it.

2.  The suspension of the dispute shall not result in pausing the enforcement, unless the court orders for this awaiting for the dispute to be settled.  

 

Article (44)

 The decisions and rulings issued by this court (in the cases were there is no provision in this law) are subject to the rules in the Civil and Commercial Procedural Law to the extent that is not contradicting to the nature of the decisions.

Section One

The Jurisdiction of the court

Article (24)

The court is exclusively competent of the following:-

1.Constitutional supervision and control on the laws and regulations.

2.A-Explaining the provisions of the Basic Law .

B- Explaining the Legislations in the cases were there is a conflict in execution, and there is necessity to explain it.

c- To settle conflict of jurisdiction between the authorities.

3.To settle conflict of jurisdiction between the judicial bodies and the administrative bodies having judicial competencies.

4.To settle the disputes that arise concerning the execution of two contradicting final decisions whereby one of the decisions is issued by a judicial body or a body having judicial competencies and the other from a different side of it.

5.Resolution and settlement of an appeal concerning the legal incompetence of the president of the State of Palestine in accordance to clause (1/C) of article (37) of the amended Basic Law for the year 2003. Its decision is considered valid from the date the legislative Council ratifies the law with the majority of two thirds of its members.

 

Article (25) 

1.The court in order to exercise its jurisdiction stipulated in article )24( of the original law, is authorized to  exercise  all powers to consider and rule unconstitutionality of any provision of the law or decree or regulation or system, presented to them in the 

exercise of its competencies, and related to the dispute for it, after following the procedures for the preparation of constitutional cases.

2.Upon deciding the unconstitutionality of any law, decree, regulation, or decision the Legislative Authority or the authorized body should amend the law, decree, regulation, or decision to be in consistency with the provisions of the Basic Law and the law.

3.Upon deciding the unconstitutionality of any law, decree, regulation, or decision is considered unlawful, the authorized body should amend to be in consistency with the provisions of the Basic Law and the law.

 

Section Two

Procedures

 

Article (26)

 With an exception to what is provisioned in this section, The provisions in the civil and commercial procedural law No (2) for the year2001 apply to the decisions of Assignment, the legal actions and requests submitted to the court in a manner that is not in contradiction to the nature and jurisdiction of the court or the cases decided before it.

 

Article (27)

The court performs judicial supervision on the constitutionality according to the following:

1.Through the original direct action that is raised by the aggrieved before the court in accordance to article (24) of this law.

2.If it seemed to any of the courts during the cognizance of any case that there is unconstitutionality in a provision in the law, decree, regulation, or a decision necessary for the settlement of the dispute, the execution of the proceedings of the case are stopped and the papers is referred to the constitutional court without fees in order to settle the constitutional issues .

3.If the litigants pleaded during the hearing of the case before any court or body having judicial authority the unconstitutionality of a provision in the law, decree, regulation or a decision and the court or the authorized body considered that the defense is serious; the court postpones the hearing of the case and determines for the side that initiated the defense a date that should not exceed sixty days, to take a legal action before the Supreme Constitutional Court. In the case were the action is not taken in due time it is considered as if it had not existed .

4.If the court was in the course of discussing a dispute raised before it and during the proceedings of the dispute, it became evident to the court that there is an unconstitutional provision linked to the dispute, it then is automatically entitled to confront the issue by deciding the unconstitutionality of the provision. In this case it is conditioned that the mentioned provision is linked to the disputed issue before the courts and according to rules.

 

Article(28)

The decision issued with the referral to court or the legal pleading submitted before it according to the previous article, should include the legal provision that is contested for being unconstitutional in addition to the relevant constitutional provision alleged to be in contradiction with the mentioned article in addition to the means of contradiction.

 

Article(29)

1.Every concerned party is entitled to appeal to the court to appoint the competent judicial side to hear the case according to what was mentioned in clause three of article (24) of this law.

2.The application should include the disputed issue and the judicial parties who reviewed it and the decisions taken in its regard.

3.As a result for submitting the application the relevant legal action is stayed until the application is settled, an authentic copy of the two decisions subject to the dispute should be attached to the application mentioned in clause (2) herein above and otherwise the application is considered unacceptable.

 

Article (30)

1.The application requesting interpretation is submitted by the Minister of Justice according to the request of the President of the PNA or to the Head of the Legislative Council, or the head of the High Judicial Council or of whom the constitutional rights were violated.

2.The application requesting the interpretation should include: The legislative provision subject for explanation, the conflict it caused upon application, the scope of its importance which evoked explaining it to achieve a unity and harmony in application.

 

Article (31) 

 It is not allowed to carry out the procedures except through the Attorney General or one of his assistants is a representative of the state institutions, or through an attorney whose expertise in the legal profession is not less than ten continuous years.

 

Article (32) 

The clerk's office registers the decisions of committal, lawsuits and requests incoming from the court from the date it arrives or from the date it is submitted to the specialized register. The clerk's office should announce to the concerned parties the decisions, lawsuits and requests during a period of fifteen days from that date. Government institutions are considered a concerned party in constitutional actions.

 

Article (33) 

The office of the advocate who signed the list lawsuit or the request, and the lawyer's office, which acts on behalf of the contestants in response to the case or the application chosen shop for each of them, unless one of the parties appoints himself a chosen shop to inform him.

 

Article (34)

1.Everyone who receives a declaration concerning the decision of committal or a lawsuit should submit to the clerk's office at the court a memorandum with all his remarks supported by documents during a period of fifteen days .

2.The adversary should respond to the memorandum and the documents during the fifteen days following the termination of the mentioned date, if the opponent used his right in responding the first may comment with a memorandum during the following fifteen days.

3. The clerk's office shall not receive any papers from the litigants after the termination of the dates mentioned in (clause 1, 2). The clerk's office shall write a report proving the dates of the submission of the papers, the name of the person who submitted the papers and his characteristics .

 

Article (35)

1.The clerk's office presents the case file or the request to the president of the court during the three days following the termination of the dates manifested in the previous article, for purposes of determining the date of the session for the hearing the case or request .

2.The clerk's office shall notify the concerned persons about the date of the session in accordance to the Civil and Commercial Procedural Law .

3. The date for attendance is at least fifteen days, unless the president of the court orders  in the state of emergency or according to the request of the concerned people to shorten this period for not less than three days. The concerned persons are informed about this issue with a notice of the date of the session.  

 

Article (36)

The court makes decisions concerning the legal actions and requests presented before it in scrutiny and without the pleading procedures. If the court considers that there is necessity for the oral hearing, it is shall hear the litigants. In this case the litigants shall not be allowed to attend to court without a legal attorney. The court may order the needed data or papers and it may call on the concerned persons to inquire about the facts and merits and to charge them to present the documents and additional papers in addition to other procedures in the date it determines.

 

Article (37)

The rules concerning attendance to court or absence stipulated in the Civil and commercial procedural law do not apply to the legal actions and requests.

 

Section One

General Provisions

Article (1) 

1.According to the provisions of this law the Supreme Constitutional Court is established, it is an independent judicial body in Palestine, and is referred to hereinafter as the Court.

2.The headquarters of the Court is in Jerusalem; however, the court may have a temporary headquarter in the city of Ramallah and in Gaza according to the situation.

 

Article (2) 

1.The President of the Court and the members shall be appointed for six non-renewable years, in accordance with the followings:

A.The Court is formed of a President, a deputy and at least seven judges. In accordance with provisions of (b) of paragraph (1) of this article.

B.Three members of the Court shall be appointed every two years from the date 01/06/2017 .

2.In the absence of the president, the vice-president shall act. In case that the president and vice-president absence, the senior member of the court shall be represented by them. In case of equal seniority, the oldest member shall be appointed.

3.The member may not be assigned, loaned or assigned to any party for the duration of his membership in the Court.

4.The sessions of the court is held with a president and at least six judges. The decisions are issued with the majority.

 

Article (3) 

Canceled.

 

Article (4) 

It is conditioned that any appointed member of the court shall fulfill the general conditions required for occupying a position in the judiciary, given that his age is not less than (40) years and he is within the following categories:-

1.Being a current or former member of the Supreme Court who has spent at least three continuous years in the position.

2.Being from the existing Judges of the Courts of appeal who have spent at least seven continuous years in the position.

3.Being from the current or former law professors in the Palestinian universities or the universities that are approved and recognized by Palestine for at least three continuous years, or to have been co-professor for at least six continuous years, or associate Professor for at least nine continuous years.

4.Being a lawyer who has practiced for at least twenty continuous years.

5.Members of Public prosecution who occupied the position of Chief Prosecutor for at least fifteen continuous years.

 

Article (5)

1.The onset formation of the court by appointment the president of the court and the judges therein and by a decision of the President of the state of Palestine, and after consultation with the High Judicial Council and the Minister of Justice.

2.The president of the court and the judges are appointed by a decision of the president of the state of Palestine and upon the recommendation of the General Assembly of the High Constitutional Court.  

 

Article (6)

The member of the court is not allowed to occupy any other position, or to exercise any business or political activity, or be a member of a political fraction, it is then necessary that the member resigns before taking the legal oath.

 

Article (7)

The president of the court and his deputy and the judges in the court perform oath, before the president of the state of Palestine and prior to commencing their job and in the presence of the head of the legislative Council and the head of the High judicial Council- the following oath " I swear by God, to respect the Constitution and the law and to make fair judgments".

 

Section Two

The General Assembly of the Court

 

Article (8)

1.The General Assembly of the Court is composed of all the members of the court. The Assembly is competent, in addition to what is stipulated in the this law to put forward the interior regulations that explain means of reviewing the issues that are relevant to the regulations of the court and the criteria for capability and needed expertise concerning its judges, its interior issues, and the distribution of work between its members and all other relevant matters. The Assembly should be consulted in the draft laws that concern the court prior to being transferred to the legislative council. It is conditioned that the Assembly expresses its opinion in a written form within a month from the date it receives the proposal.

2.The General Assembly may delegate the president of the court or a committee composed from its members to exercise some of its jurisdiction with a decision taken by the majority.  

 

Article (9) 

  The General Assembly of the Court directly carries out all the competencies prescribed for it.  According to the law and regulations that concerning to its members.

 

Article (10)

1.The General Assembly meets upon the call of the president of the court or upon the request of one third of the courts members, the sessions of the court are not considered proper except with the attendance of the majority of its members. The Assembly is headed by the president of the court or by whoever replaces him.

2.The General Assembly issues its decisions with the absolute majority of the attendance, in case there is an equal number of the voices, the voices of the side that attends and the president is on are given the preference, except in the case when the voting is done in secret, the proposition then is considered refused.

3.The minutes of the General Assembly are kept in an archive, which is signed by the president of the court and the secretary general of the Assembly.

 

Article(11)

1.Upon a decision by the absolute majority of the General Assembly; a temporary committee is established and headed by the president of the court and the membership of two or more of its members.  The committee carries out the competencies of the General Assembly in the urgent matters during the judicial holiday in the court, in addition to other tasks referred to it by the Assembly.

2.The decisions issued by the temporary committee during the judicial holiday should be submitted to the General Assembly during its first meeting, or otherwise they will not be legally effective. If the decisions were submitted to the General Assembly and were not approved by the absolute majority, they would lose any legal effect obtained. 

 

Section Three

The Rights and the duties of the members

 

Article (12)

The members of the court are subject (in accordance to the nature of the court and its independence) to the provisions relevant to rejection of judges, inability of dismissal,  obligations ,resignation ,vacations and secondment of judges stipulated in the law of the judiciary.

 

Article (13) 

1.The president of the court and the members therein receive the salary and allowances and the compensation determined in accordance to the table attached to this resolution since the date of the appointment.

2.The annual increase for each year of service shall be calculated from the date of appointment to the Court. Previous years of service shall be calculated in any ordinary judicial function or any other retirement function only. If the total salary of the judges of the Court appointed by the ordinary courts is less than the gross salary of the judge shall retain the higher salary.

3. The Council of Ministers shall issue a system specifying the privileges of the President of the Court, members and his deputy.

 

Article (14) 

1.The judges of the Court or their heirs case their retirement, shall be entitled to a pension of (12.5%) for each year of service at least (50%) and not more than (70%) of the gross salary.

2.The provisions of paragraph (1) of this Article shall not apply to a judge of the Court in case of resignation or dismissal, and shall be entitled to end of service indemnity in accordance with the relevant laws.

3.The President of the Court and the members shall not be entitled to combine the remuneration with the monthly salary or any other remuneration and pension from the General Treasury.

4.in the case of the death of the court judge, the pension shall be distributed according to the table that attaches to the Public Pension Law.

5.The General Treasury shall be responsible for all salaries and pension entitlements that relate to the President, Vice-President and his deputies.

 

Article(15) 

Canceled.

 

Article(16)

1.If any of the members of the court were attributed with a matter that might affect the confidence or consideration, or with an intentional and significant disturbance in the duties or the requirements of the position, the president of the court undertakes presenting the issue before the temporary committee in the court.

2.If the committee decided after calling the member to listen to his/her statement and decided that there is reason for proceeding; the president of the court forms a committee of three of the members of the General Assembly to investigate and question the member. The member who has been referred to investigation is considered in a definite leave and is entitled to a full salary from the date of the mentioned decision.

3.After concluding the investigation, it is presented to the General Assembly which is held in the form of a disciplinary court (with an exception to the members who participated in the investigation or were accused).  The Assembly issues after hearing the defense of the member and investigating about it, its decision of innocence or reference to pension or retirement, with the absolute majority of voices, from the date of issuing its decision without detriment to any other penalty stipulated in the law. The decision is final and not subject to appeal by any means.

 

Article(17)

1.In the cases other than being caught in the criminal act (flagrante delicto) it is not permissible to detain or arrest a member of the court or to take any criminal actions against him except after having the permission of the president of the court.

2.In the cases were the court member is being caught in the criminal act , the attorney General upon detention should refer the case to the president of the court during the twenty-four hours following the detention. The temporary committee in the court should decide after hearing the statements of the member either to release him on bail or without bail or to continue detention for the duration it decides. The committee is entitled to renew the detention period.

3.The detention of the member of the court and the execution of the penalty that restricts the freedom is performed in a place separate than the places allocated for other prisoners.

 

Article(18)

The temporary committee in the court is specialized in examining and renewing the detention of the member of the court, except if the case was observed before the competent criminal courts.

 

Article(19)

As a result of detaining the member of the court he is stopped from carrying out his position during the detention period. The president of the court may order the member of the court to stop exercising his profession during the investigation procedures concerning a crime he is charged of committing, in this case the provisions stipulated in article )16( of this law are applied.

 

Article (20)

A penal action may not be filed against the member of the court except with the permission of the president from the court who is authorized to determine the court that hears the case regardless of the rules of jurisdiction of location.

 

Article (21) 

1.The services of the president and the members of the court are terminated in any of the following cases:-

A.Referral of retirement by the end of the six-year period specified in the present law resolution.

B.Resignation.

C.Losing the legal capacity or competence.

D.Death.

E.Disability due to any reason to perform the tasks.

F.crime that violates honor or trust by a definitive judgment, even if he is rehabilitated.

G.removal from service in accordance the law.

2.Exception of the death, in case of any of the cases provided for in paragraph (1) of this Article, the member of the Court shall be automatically terminated by a decision of the president of State, upon the recommendation of the General Assembly.

 

Article (22)

Termination of the services of the member of the court for any reason do not lead to abatement of the pension salary or the severance pay.

 

Article (23)

1.The member of the court shall not be absent or abstain from work without reason and with notice to the president of the court.

2.A member is considered resigning if he abstains from his work for a period of fifteen continuous days without a reason that is acceptable to General Assembly even if this occurred following the end of vacation , a period of thirty separate days during the year .

 

3.The resignation of the member of the court is acceptable after two weeks from the date it has been submitted to the president of the court, a decision with its acceptance is issued by the President of the state of Palestine from the date of submission.

 

 

 

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