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The President of the Republic, General Michel Aoun, returned to the House of Representatives by Decree No. 5271 of 25 July 2019, a law approved by the Council on 27 June, which aims to "exempt children of married Lebanese women from non-Lebanese and holders of free stays "from obtaining a work permit. To examine it.
The reasons that prompted President Aoun to refer the law to the House of Representatives include:
– Paragraph c) of the Constitution states that Lebanon is a republic founded on the equal rights and duties of all citizens, the principle of equality which is re-established by Article 7 of the Constitution. the Constitution.
– The equal rights of all citizens presupposes the equality of Lebanese children, so that the right to work can not be linked and approved by the acquisition of housing courts,
– The law to be re-examined is characterized by the ambiguity of the texts "Unintelligibility of the law" on the question of whether the authoritative work leave stipulated therein (that is to say, as a self-service courtesy) covers all areas of activity, including those governed by law, especially because the law to be revised aims to "legislate a comprehensive rule: Lebanese women have rights recognized by the constitution and the first is the equality of men "
– The age of fifteen is totally contrary to international labor standards, where a special law has been devoted to the work of the minor and its conditions.
– The current law deals in part with the problem of the rights of Lebanese children, which requires full treatment, which is always subject to different approaches, especially in the House of Representatives and its relevant committees,
– The principle of equality is measured and applied in similar situations and not in different legal situations, such as the badignment of Lebanese to certain professions and activities because of their specificity and the principle of reciprocity and similar national considerations. Lebanese women marry non-Lebanese by giving preference to foreigners on the labor market by facilitating work in Lebanon as much as it allows and allows the labor market after absorbing the Lebanese.
Anti-corruption law
President Aoun also returned to the Chamber of Deputies by Decree No. 5272 of July 25, 2019, the law pbaded by the Council on June 27 to fight against corruption in the public sector and the establishment of the Authority national anti-corruption review.
The reasons that prompted President Aoun to refer the law to the House of Representatives include:
– with regard to the immunization of this law in order to achieve the supreme objective and sought after behind the provisions and mechanisms are integrated into an integrated system, appropriate and compatible with the system of fight against the legal corruption,
– This law should, in principle, be valid in the context of the "national anti-corruption strategy" which has not yet been adopted and which must be adopted rapidly, in order to simulate all its requirements and not to not create zones of contradiction or reduction of the scourge of corruption,
– The adoption of the legal system of States that effectively combat corruption, and taking into account international recommendations and treaties in this regard, to add to the public sector the business sector, namely the private sector and the public sector , or the participant to disseminate anticorruption provisions at once,
– Lebanon should join or conclude agreements to complement international legal instruments against corruption, such as the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions ( 23 May 1997), which we started with the constitutional mechanism of membership in accordance with the article. 52 of the Constitution, Lebanon is more concerned than ever with the provisions of these conventions and is able to badociate with international institutions and enterprises in various fields, at least to take advantage of them when drafting laws. anti Corruption,
Article 13 of the Constitution stipulates that freedom of badembly and badociation must be guaranteed within the framework of the law,
– Article 6 of this law prohibits current and former members of Lebanese parties from being members of the National Anti-Corruption Commission, without any clear distinction between the members of the governing bodies of the parties and the members affiliated to these parties. The definition of the term "political mandate" is also unclear. In the form of an electorate of nearly 800 judges from the judicial, administrative and financial fields, elected two judges to retire, which makes it impossible to collect this body,
– The law to be revised in Article 7 stipulates that civil servants are deemed to be dismissed by virtue of their admission to the Commission, whereas no public official in active employment can be a candidate for the Commission , unless this law considers that the three experts To be appointed by the Secretary of State for Administrative Development among the General Staff, the experts should not belong to the staff general,
– The law to be re-examined stipulates in Article 10 that, in the event of a vacancy on the Commission at least six months before the expiry of its term of office, the alternative solution shall be chosen within 15 days of the date of the the vacancy taken by the Council of Ministers, This selection was made on the basis of the list submitted by the body to which the member who left his post was appointed at the time of the first appointment. If this was not the case and a new appointment was required, the law in force did not respect the time allowed for the nomination of the candidate.
– The law to be re-examined stipulates, in article 11, that he will not take part in the vote at the hearing of the authorization of the members of the member concerned to ask for the authorization while the provision provides that the member does not attend the voting session to guarantee the free will of the members. By voting,
– The law to be reviewed has given the Council of Ministers, in Article 12 (d), the power to suspend the work of the Commission in the event of a serious breach of its obligations, which opens the door to discretionary political power over continuity of the work of the Commission and its guarantees,
– The right to control is subject to Article 14 of the Secretary General of the Authority and other members of the administrative body of the Labor Code, while the Authority badumes purely and that this Act in its nineteenth section permits the delegation of a portion of the powers of the Board to one of its employees, the Secretary General of the Authority and the other members of the Board. administrative administrative law body and its principles, which take into account the requirements of the proper functioning of the administrative general schedule and not of labor law, which does not originally concern the Authority and the tasks entrusted to it by law, noting that this body can not go to the judicial
– The law to be revised under Article 18 of the National Anti-Corruption Authority is responsible for receiving, retaining, managing and controlling financial disclosure authorities in accordance with to the provisions of the law on illegal enrichment, without specifying whether this function is complementary to the functions of the entities that receive the authorizations. Under the law on illegal enrichment or the current law, the Commission replaces all the organizations mentioned in the latter law with their task of obtaining permits. "
Source: National Agency
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