Aoun refuses to "sign" and finish until the end?

With regard to the efforts to cope with the consequences of the Kibrishmon incident and the dismantling of the three-week suspension of the cabinet, without tangible progress, a new problem has emerged in the last few hours. The President of the Republic, Michel Aoun, has not yet signed the law on the general budget of 2019, the Speaker of Parliament, Nabih Berri, and the government Saad Hariri, after "it turned out that There is controversy surrounding the adoption of Article 80 of the budget, imposes an evacuation ", according to the general direction of the presidency of the Republic.

It seems that the urgent meeting between Aoun and Hariri last Thursday evening did not solve the problem of the disagreement on Article 80 of the budget on the termination of employment and outsourcing. in departments and public institutions, close to the presidency that they had fled into the text after the House had agreed to leave out Later. It is feared that this problem will turn into a crisis that threatens to further tarnish the "tacit tensions" between the Presidencies on the merits of the Powers, as well as their repercussions on the general political situation, which is mainly a crisis, in particular a crisis. serious economic crisis.

It is in politics, but the president of the Superior Council of the Judiciary and the president of the state council of the former judge Ghaleb Ghanem, explains in an interview to the site of the "Lebanese Forces", the junctions of this case arising from constitutional and legal law, and what the General Directorate of the Presidency, We received the Finance Law and the budgets annexed to the year 2019, we began to study in accordance with the administrative and approved before being submitted to the President for taking the appropriate decision in accordance with the provisions of Statutes 19, 56 and 57.

"We know that the budget is a law, therefore, in accordance with Article 56 of the Constitution, the adoption of the budget law must be accompanied by the signature of the President of the Republic, as well as by any other law.

He explained that "Article 57 of the Constitution gives the President of the Republic the right to ask the House of Representatives to revise the law, within one month from the date on which the Government has seized the Presidency of the Republic, in case of impediment to sign and to publish, The House of Representatives may invoke the grounds invoked in the request for reconsideration of the President of the Republic and insist on his opinion. parliament insists on its opinion on the finance law or on any other law, the President of the Republic is no longer authorized to make further observations on this subject and the law is adopted by law.

It should be noted that the declaration of the General Directorate of the Presidency of the Republic on Article 80 of the Finance Act goes hand in hand with the re-adoption of two laws by the President of the Republic before the Council of Representatives for reconsideration: law to exempt children of Lebanese women married to non-Lebanese, work permit. And the anti-corruption law.

The reference made by the General Directorate of the Presidency of the Republic in Article 80 of the Finance Act reflects Article 19 of the Constitution relating to the appeal to the Constitutional Council: the insistence of 39; Aoun on his point of view and on the fact that it goes to the end.

According to Judge Ghanem, "the invocation of Article 19 in the declaration of the General Directorate of the Presidency of the Republic is a form of wishes which, in the absence of the opinion of the President of the Republic, may reconsider the Constitutional Council if the House of Representatives insists that he reiterate his position and come back to the law after the majority vote Without taking into consideration the remarks of the President, he will make a decision after the expiry of the one month deadline for the President of the Republic to appeal .The revision of the Constitutional Council is a right of the President of the Republic with respect to all laws, as President of the Republic. the House of Representatives and Prime Minister, as well as ten deputies and sectarian bodies, as stipulated by the Constitutional Council.

According to Judge Ghanem, "as stated in the last paragraph of Article 80 of the Finance Act (which guarantees the success of examinations and matches of the Public Service Council …), the debate which revolves around this issue in the House of Representatives, in the Council of Ministers and in the Sectarian Balance community in these games. "

He believes that "if Article 80 is the reason why the President of the Republic did not sign the finance law, it may be because he has some opinion on certain exceptions granted by Article 80 with regard to termination of employment and outsourcing, due to a major imbalance in the results of the sectarian match at the Council of the function public ".

"The preamble of the Constitution states that nothing is more than the protection of coexistence." Article 95 of the Constitution refers to the confessional equality in the positions of the first category and its equivalent, but it also has effects even at levels below the functions of the first category, according to many constitutional and legal principles.

Article 95 of the Constitution stipulates that "the rule of sectarian representation shall be abolished and the competence of public offices, judicial, military and security institutions and public and mixed institutions shall be determined in accordance with the requirements of national conciliation, the exception of the first category, And Muslims without badigning any function to any sect while adhering to the principles of competence and competence. "

"For example, in military and security cables, when the officers of the military academy are accepted and recruited, the number is equal between Christians and Muslims," ​​he said. Bearing in mind that the rules of category I functions are not applicable to them, but only in accordance with the requirements of national conciliation. "

Ghanem stressed that "taking into account the application of the provisions of the Constitution to all, as expected in the first place". But he evokes the possibility that "the President of the Republic begins to think from the preamble of the Constitution, which states that nothing is above the Charter of Coexistence between the Lebanese. 95 of the Constitution, which makes it possible to approach the subject related to Article 80 of the Finance Act, from the provisions (according to the requirements of the national agreement) .This expression, in its explicit form, means that the legislator has positive reasons to avoid exaggeration in one direction or the other, which threatens the Charter of coexistence. "