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Riskdecree Immediate

Decree-Law No. 1 of 2025 Suspending Supreme Constitutional Court Establishment Law

29-04-2025·المجلس الرئاسي الليبي·القضائية
Analysis
Summary

The Presidential Council has suspended all effects of Law No. 5 of 2023, which established a Supreme Constitutional Court, citing a Supreme Court ruling declaring it unconstitutional. All procedures and decisions issued under the suspended law are declared null and void. The decree invokes emergency powers and references the state of institutional fragmentation in Libya.

Business Implication

This decree deepens institutional paralysis and legal uncertainty in Libya's already contested dual-governance environment. Foreign investors and operators face heightened jurisdictional risk, as the legitimacy of legislative acts by the House of Representatives is now directly challenged by the Presidential Council. Constitutional review mechanisms remain disputed, making long-term contract enforceability and dispute resolution pathways unpredictable. Any transactions requiring judicial recourse or regulatory clarity should factor in prolonged institutional contestation.

Key Provisions
Suspension of all effects of Law No. 5 of 2023 establishing Supreme Constitutional Court
Declaration that all procedures and decisions under Law No. 5 of 2023 are null and void with no legal effect
Presidential Council asserts authority to issue decisions protecting political process and enforcing Supreme Court rulings
Invocation of state of emergency and extreme necessity as legal basis for decree
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