2018-12-23

Ramallah & Gaza

West Bank / Gaza

Dissolving the Legislative Council is a Dangerous Step towards Secession

Although the decision of the Constitutional Court on dissolving the Legislative Council has not been published yet, the President referred to it as a reference to dissolve the Legislative Council. While  we retain our right and duty to comment on the decision when obtain it, we at MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession warn against prejudice to the state of rule of law and institutions as well as to the principle of the separation of powers, and we warn against dealing with the Legislative Council from a partisan perspective, since it is an institution and authority, which is governed by the  peaceful circulation of representation according to the Law of General Elections, which includes the elections of the Legislative Council and the presidency together. In light of the fact that the Legislative Council and the presidency have expired long time ago- from a legal perspective as both are limited to a period of four years- and in accordance with the provisions of the Basic Law and based on media statements made by representatives of the two major parliamentary blocs (Fatah and Hamas) regarding the reconciliation talks, which included the agreement on holding general elections, we believe that the legal road is clear and accessible, where the Election Law is enforced so that the President set a date for the presidential and legislative elections without the dissolution of the Legislative Council, especially since the elections themselves provide a way out from the current situation of the Legislative Council with no need to mention the dissolution of it, since the elections give the citizens the opportunity  to elect their representatives in the executive and the legislative authorities.

The Constitutional Court's decision has no ground in the Palestinian Basic Law or the Law of the Court itself, and it will have serious political consequences in terms of being used to reinforce a totalitarian regime on the one hand and paving the road to a legal secession between the West Bank and the Gaza Strip.

MUSAWA stresses that it sees no place for holding legislative elections in isolation from the presidential elections. It also warns against holding separate legislative elections in the West Bank and Gaza Strip, while emphasizing its adherence to the right of citizens to hold general, periodic and fair elections.

Published on 23/12/2018