Lebanon: Dispute Rages Between Judges, Justice Minister

File Photo of Lebanese Justice Minister Selim Jreissati/NNA
File Photo of Lebanese Justice Minister Selim Jreissati/NNA
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Lebanon: Dispute Rages Between Judges, Justice Minister

File Photo of Lebanese Justice Minister Selim Jreissati/NNA
File Photo of Lebanese Justice Minister Selim Jreissati/NNA

A dispute between Lebanon’s judiciary and Justice Minister Selim Jreissati reached unprecedented levels after a number of judges began a walkout this week to protest a possible reduction in salaries and benefits.

The differences between the judges and Jreissati worsened when the minister sent a memo asking the Judicial Council to warn judges from the repercussions of their decision.

“The decision of some judges to interrupt their works holds several meanings, mainly the disruption of relations between the Lebanese Judiciary and the Higher Judicial Council,” Jreissati wrote in his letter.

His position drove a quick response from the Council, which announced that a Justice Minister does not have the right to send memos to Judges.

A copy of the Council’s statement received by Asharq Al-Awsat said: “Based on the sovereignty of the judicial authority, the higher Judicial Council is not considered an executive body of the Justice Minister’s decisions.”

The statement added that currently, judges feel threatened, not only at the financial level, but also at the level of their personal pride.

Judicial sources told Asharq Al-Awsat on Thursday that the minister did not have the authority to dominate the judiciary in Lebanon.

“The minister’s last memo to the Higher Judicial Council enraged judges,” the sources said, adding that the problem is not between the Council and judges, but between the Judiciary and the political authority.

“We absolutely reject that a Justice Minister addresses the judicial authority by giving orders and recommendations,” the sources said.

Last Monday, Lebanon's judges held a two-day strike in protest of a decision to decrease the budget of the Justice Ministry and therefore, limit their benefits and dry out sources of the solidarity fund, which provides judges a benefit of less than one month’s salary every three months, in addition to family medical and education benefits.



Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)
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Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)

Gen. Joseph Aoun currently leads the race for Lebanon's presidency, but some warn his election could be unconstitutional because he holds a “Class A” position, requiring his resignation two years before running.
However, his supporters point to the 2008 election of Gen. Michel Suleiman, who was also army commander at the time, as a precedent. They argue the reasons given for Suleiman’s election should apply to Aoun as well.
At the time, Speaker Nabih Berri argued that the support of over 86 lawmakers for Suleiman made his election constitutional, as any constitutional amendment requires 86 votes.
MP Gebran Bassil, leader of the Free Patriotic Movement, continues to argue that Aoun’s election is unconstitutional under the current process.
He recently stated that constitutional amendments require a president, a functioning parliament, and a fully empowered government. The process also needs two steps: a two-thirds majority in the first vote and a three-quarters majority in the second.
Bassil’s argument is based on Articles 76 and 77 of the constitution, which say amendments can only be proposed by the president or parliament, but only during a regular session — which ended in December.
Dr. Paul Morcos, head of the “JUSTICIA” legal foundation in Beirut, told Asharq Al-Awsat that in 2008, parliament used Article 74 of the constitution to bypass the amendment to Article 49.
He explained that Gen. Suleiman’s election was considered an exception to the rule requiring military officials to resign six months before running for president, due to the presidential vacancy after President Emile Lahoud’s term ended in 2007.
Morcos added that the same reasoning could apply to Gen. Aoun’s potential election as president.