Press Release
The Formation of Higher Judiciary Council
Ref: 74/2000
Date: 4 June 2000
On 25 November 1998, the Palestinian Legislative Council approved the Judicial Authority Law No. 14/97 in its third reading. The law was of great concern to many parties working in the legal system and in civil society. Since that time the law has not been ratified by the president of the PNA and has not been published in the official gazette. On 1 June 2000, the president of the PNA issued a decree to form a Higher Judiciary Council with mandate for all Palestinian governates. The preamble to the decree provides that “after revision of all relevant laws, including Law No. 31 of 1940, Law No. 24 of 1952, Law No. 2 of 1994, and the Presidential Decree Number 26 of 1999, and the important provisions of the Judicial Authority Law, the following was decided:
1. A Higher Judiciary Council is to be formed for all Palestinian governates.
2. The council will carry out its mandate, which is set out in the Judicial Authority Law.”
While the Palestinian Centre for Human Rights believes it is important to form the Higher Judiciary Council, it affirms that such a council must be formed through ratifying of the Judicial Authority Law, which was approved in its third reading by the PLC on 25 November 1998. Moreover, PCHR expresses its deep concern at the fact that the president has not ratified the Judicial Authority Law. PCHR considers the Presidential Decree to be another example in a series of decisions taken by the president in order to control the appointment of certain important post holders. These decisions will influence the independence of the judiciary and will subject the judiciary to the influence of the executive authority. PCHR’s concern in this regard is due to the fact that, as long as such council is not formed according to Article 37 of the Judicial Authority Law, the appointed council will be guided by conditions and criteria specified in the Presidential Decree. Article 37 provides that, “A judicial council is to be formed according to the law and named the Higher Judiciary Council, the council will carry out its mandate according to the law”.
The decree is based on a draft law which has not yet been ratified by the president of the PNA, and which has not been published in the official gazette in accordance with the legislative mechanisms provided in Articles 70 and 71 of the PLC by-laws. The fact that the decree is based on this law can be clearly seen from two paragraphs in the decree. The first states that “after revision of … the provisions of the Judicial Authority Law…”, while the second states “The council will carry out its mandate, which is set out in the Judicial Authority Law.” Despite this, the decree itself contradicts the draft law on which it is based. The draft law states that the council will be formed of a president, a deputy and another seven members, whilst the decree provides for nine members without mentioning the position of the deputy president.
PCHR repeats that the Presidential Decree is not the correct means to promote the judicial system, the only means is to ratify the Judicial Authority Law, and to respect and implement the decisions of the judicial system. In this regard PCHR asserts that such matters cannot take place without the necessary political will to build an independent judiciary as a means to achieve justice for all people.
