“Lebanon Debate”
Vice-President of the Parliament Elias Bou Saab’s call for MPs to resign to and to hold early elections is not the first one of its genre. The push for resignation due to the inability to elect a president of the republic, first unfolded two years ago. Therefore, this call is not new and does not guarantee a solution for the presidential crisis.
Constitutional expert, Attorney Said Malik confirms that according to the provisions of Article 24 of the Lebanese constitution, Parliament is composed of elected MPs. The article outlines the number of MPs and the electoral process based on applicable elections laws. The Attorney further clarified to Lebanon Debate that Election Law 44 of 2017, which is in force, stipulates that Parliament consists of 128 MPs, each serving a four-year term from the date of their election.
Regarding the provisions of the constitution, Malik explains that there is no articles that about Parliament dissolution in case when a number of its MPs resign. On the contrary, Article 41 of the Constitution stipulates that if a seat in the Parliament becomes vacant, a successor must be elected within two months. The term of the new member will not exceed that of the departing member. However, if the vacancy occurs less than six months before the term's end, no successor will be elected. In cases of mass resignations, the most that can occur is a disruption of the quorum needed for legislative sessions. According to Article 34 of the Constitution, the Parliament requires a quorum of at least half plus one of its members for a session to be valid.
In response to questions about the impact of early elections on the presidential crisis, Malik argues that mass resignations are not a viable solution. If such resignations occur, the government would likely work to hold by-elections to fill the vacancies, but this does not lead to the dissolution of the Parliament.
Malik further explains that the dissolution of the Parliament, as specified in Articles 55, 65, and 77, is only applicable in specific circumstances and requires the involvement of the President of the Republic, which is currently not possible. The most feasible solution is to amend Election Law 44 of 2017, particularly Article 1, to shorten the term of the Parliament. The government would then be required to hold new parliamentary elections according to the amended provisions of the law.
Regarding the resignation of a majority of representatives, Malik confirms that this would not have a decisive impact, as by-elections could still be called. If resignations exceed half the Parliament's members, the body would become paralyzed, losing the quorum needed for meetings.
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