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.
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.
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.
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.
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.
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".
The General Assembly of the Court
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.
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.
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.
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.
The Rights and the duties of the members
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.
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.
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.
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.
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.
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.
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.
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.
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.
C.Losing the legal capacity or competence.
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.
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.
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.