Source: Kataeb.org
Monday 26 February 2024 11:32:41
A group of Lebanese Members of Parliament, including Ashraf Rifi, Elias Hankach, Samy Gemayel, Salim al-Sayegh, Fouad Makhzoumi, Mark Daou, Michel Douaihy, Michel Moawad, Nadim Gemayel, and Waddah Sadek, have submitted a legal challenge to the Constitutional Council. They are contesting the legitimacy of Law No. 324, passed on February 12, 2024, which outlines the general budget for the year.
The appeal, drafted by attorney Lara Saadeh, alleges multiple breaches of constitutional articles and sections within the Constitution's Preamble.
The key legal objections they present include:
Non-compliance with Article 36 of the Lebanese Constitution in the law, specifically the absence of a vote by acclamation.
Infringement of Article 87 of the Constitution by the law, pertaining to disregarding constitutional norms, not preparing and approving balancing accounts prior to the budget's approval and publication.
Contravention of Article 95 of the law against Articles 16 and 18 of the Constitution and paragraphs (c) and (d) of the Preamble, challenging the integrity of parliamentary debates and the alleged alterations made therein.
Breach of Articles 2, 3, and 59 of the law and Schedule No. 2 in relation to Articles 18 and 51 of the Constitution, questioning the authenticity and transparency of parliamentary discussions due to their inclusion against the Parliament's approval.
Violation of Article 83 of the Constitution in the law, related to the inclusion of unrelated items termed as "budget knights."
Infringement of Article 91 of the law against Articles 81, 82, 83, and 16 of the Constitution and paragraph (h) of the Preamble, due to granting an unconstitutional authorization and violating the principle of non-retroactivity of laws.
Contradiction of Article 83 of the law with Article 16 of the Constitution and paragraph (h) of the Preamble, as it unlawfully allows the government to amend the law post-Parliament approval.