This is how the President of the State Council responded to the comments about the meeting in the Republican Palace


The head of the State Shura Council, Judge Fadi Elias, explained in a statement, “The meeting that took place in the Republican Palace was in the wake of the events that took place on the street, following the issuance of the State Shura Council’s decision to stop the implementation of Banque du Liban Circular No. 151. The state is a legal person that is The source of the establishment and activation of various public utilities, and they carry out their tasks with the aim of achieving the public interest, as public law persons are governed by common general rules and are in need of continuity of dealing with each other, in order to run the affairs of the state, without neglecting the oversight that the administrative judiciary conducts on the work of Public Administration.

In this context, the Speaker of the State Consultative Council regrets the systematic campaigns in the media that targeted him and violated his dignity and his morals, in an unjustified bid for the independence of the judiciary and the judge’s impartiality and impartiality with what it considered (the judge sitting with one of the opponents).

Whoever embarks on these positions does not know the specificity of the administrative judiciary, and the difference between the rules that regulate the litigation procedures between both sides of the administrative and judicial judiciary, especially those related to the annulment claim for exceeding the limit of authority.

In this regard, we make it clear that the lawsuit filed before the State Consultative Council, aimed at stopping the implementation and subsequently invalidating Banque du Liban Circular No. 151 for violating the law in general, is, according to its nature, not aimed at protecting personal rights or interests in and of itself, and therefore it is It is characterized as objective and not personal or subjective, and its purpose is to protect the legitimacy that imposes on the administration when issuing its decisions to take into account the rules of the law, as well as to take into account the purpose that the law envisages in issuing the decision, which is to achieve the public interest, so it does not deviate from it or offend it.

Based on this, the annulment lawsuit is directed against the behavior of the administration that issued the illegal decision and not against a specific person, specifically the person who issued the decision, since the lesson is for the contested decision and not for the person who issued it, as it is not based on a dispute between opponents, given that the culprit is the administrative decision not The person in charge of the administration that issued this decision.

This independence does not prevent communication and cooperation between the Council and the rest of the public law persons within the frameworks and limits drawn by the law to run the work of the state, and it is not hidden from mind that the Council plays an advisory role based on Article 57 of its system, which requires consulting in draft regulatory texts.

In this context, it must be noted that the head of the State Consultative Council presides over the Administrative Chamber and the First Chamber looking into cases of annulment, and therefore the source of any administrative decision (minister, general manager, governor of the Banque du Liban…) can be challenged before the Chamber. At the same time, he can submit a request for advice from the Administrative Chamber regarding any other administrative decision he wants to issue without resulting in any antagonistic litigation that prevents him from giving him the required advice.

In line with the principle of flexible separation (between authorities, their balance and cooperation) enshrined in paragraph (e) of the preamble to the Lebanese constitution, there is no conflict between the advisory mission of the State Consultative Council in Lebanon and the principle of separation of powers, as its administrative, legislative and judicial tasks constitute a guarantee of balance and cooperation between The three authorities in the state, through the prior control exercised by the State Consultative Council over draft legislative and regulatory texts, and the subsequent control exercised by the State Consultative Council through revocation lawsuits.

What the President of the State Consultative Council is interested in clarifying regarding the meeting that took place in the Republican Palace is the following:

The President of the Council presented during the meeting that the circular issued by the Banque du Liban contradicts some provisions of the Money and Credit Law, which necessitated a decision to stop its implementation. He also clarified that Article 57 of the State Consultative Council system requires the council to be consulted on draft regulatory texts, including decisions issued by the Governor of the Banque du Liban.

As for the implementation of the judicial decisions issued by the Council, the Speaker of the Council made it clear that there are special assets specified by law in Article 126 of the State Consultative Council system, which require that requests for the implementation of decisions issued against the administrative authority be submitted to the Chairman of the State Consultative Council, who transmits them without delay with the copy Valid for implementation to the competent references to take the necessary. Emphasizing that what the Chairman of the Council explained was based on the mentioned legal texts and ended at this point.

After what was presented above, the head of the State Consultative Council confirms that, contrary to what has been circulated in some circles, no agreement has been made between the State Consultative Council and the Banque du Liban regarding the decision issued by it, and that all the gossip raised in this regard is a figment of the imagination of its launchers. Far from reality and the truth, and from the possibility of legal realization in the presence of a ruling body composed of three judges, it is not possible, in any way, to imagine the president reducing them to his person.

There is no doubt that what the country has stirred up about on this issue is aimed at undermining the prestige of the judiciary and people’s trust in it, and dragging the country into absurdity, chaos and decadence.

May God protect Lebanon from ignorance and bad faith.

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