The executive authority strengthens its influence in the coming High Judicial Council before its formation

Date 2020-09-25

LOCATION West Bank and Gaza Strip

Category West Bank / Gaza / Announcement / position paper

The executive authority strengthens its influence in the coming High Judicial Council before its formation

The executive authority has strengthened its predominance over the High Judicial Council, in procaine step that shall guarantee its control over the council, through issuing a presidential decree to appoint the member of the Transitional High Judicial Council and the Deputy Minister of Justice, Mohammed Abu Sundus, as the judge of the Court of Appeal, while retaining his judicial seniority. This guarantees him the presidency of the Court of Appeal and the membership of the High Judicial Council in the event of his return, and in return, this shall ensure the executive authority three members of the Natural Council, including the Deputy Minister of Justice, the President of the Court of Appeal, and the Attorney General.

It is noteworthy that the Presidential Decree, which has been mentioned since last month, is effective as of its date of issuance on 9/7/2020 and is based on a placement decree issued by the Transitional Council on 10/30/2019, whose membership is appointed by the member mentioned previously.

It is also noteworthy that the decision retains his financial benefits and allowances before his appointment in his new position, increasing the burden of the public treasury under the health pandemic and the economic crisis, and entailing a clear and significant distinction between him and other judges of the Court of Appeal and many Supreme Court judges in terms of the privileges they enjoy and the wages they receive.

Such appointment, which was not imposed by the alleged requirements for reform, reflects the executive branch adoption of a policy of exclusivity, negligence of the provisions of the Basic Law, and violation of the right to participate and to engage in public service based on equality and equal opportunity, the principle of separation of powers, and the independence of the judiciary.

Issued on 25/9/2020

MUSAWA