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She asked: "Do you remember the decree of naturalization, which bad at the time was sought justice and privilege? Do you know that under the laws in force it is impossible to appeal or to reconsider the administrative decisions or decrees and that all the deputies who brought appeals by decree of naturalization, for example, were rejected? ".
"I submitted a bill a year ago granting the deputy the status and interest to request the cancellation of administrative work." President Hussein al-Husseini and MP Boutros Harb then tried to get this law pbaded. " This law was approved yesterday by the Committee on Administration and Justice.
She added, "The most important thing is not to dump the content by making the minimum number of MPs on appeal, or what is required to be the power of a deputy." How can badociations, for example, they have the right to appeal and the status of deputy of the nation, which represents the interests of those who appeal! "
The proposal reads as follows:
Article 1: The text of Article 106 amends the second paragraph of the Statute of the State Advisory Council and becomes as follows:
"An application for cancellation must be accepted only in order to exceed the limit of the authority, which must prove that the decision concerned has a legitimate direct personal interest.
The Member of the House of Representatives is deemed to have the ability and interest to request the cancellation of the following administrative work:
– Decrees and organizational decisions.
– Decrees granting Lebanese citizenship.
– Administrative work related to public health, public safety and the environment.
– Administrative actions that would add to the public purse or deprive the state of legitimate revenues or damage to its interests.
Article 2: This law shall enter into force immediately after its publication in the Official Journal.
"The executive takes decrees and makes decisions regarding the conduct of state affairs and is supposed to respect the provisions of the constitution and laws," he said.
Considering that it is possible for the Government to jointly issue or publish its members decisions contrary to the constitutional and legal provisions and affecting the public interests of the State, or that the public treasury carries an excessive financial burden or the deprived of legitimate income.
Considering that the responsibility of the government as a whole, or of certain ministers, is in general linked to political circumstances and alliances that may hinder their effectiveness, to permit the adoption and implementation of these unlawful decisions, without interrupting their outcome, nor to preserve the harm;
Considering that the parliamentary majority from which governments derive provides them and their members with political immunity to allow them to be held harmless in the case of violation of the law, and that it is possible that governments fall without invalidating the decisions they rendered, which may constitute irregularities and exacerbate Damage.
Considering that it is established that political responsibility is insufficient to increase or reduce the damage;
Considering that Article 106 of the Statute of the State Advisory Council has limited the right to seek the annulment of a decision rendered by the executive power for ultra vires, in order to prove that that it has a direct and legitimate personal interest in overturning the decision, even if the decision is vitiated by one of the defects mentioned in the article; / 108 / of the Statute of the State Council of Shura, namely:
S & # 39; s issued by an invalid authority.
2. They are taken contrary to the significant transactions provided for by the laws and regulations.
3. In case of violation of the law or regulations or legal proceedings.
If it is used for purposes other than those for which the competent authority is empowered to legislate.
Insofar as parliamentary control can discourage civil servants, it is not sufficient to prevent damage resulting from an unlawful decision and does not overrule the impugned decision.
Considering that the judge can not excuse the nullity of the acts of the administration because of its illegality.
Considering that the consequences of the request to cancel a decision to exceed the limits of power are not limited to the protection of the interests of the person requesting the revocation, but ensure the protection of the rights of society .
Whereas the right of access to justice is a fundamental rule of law.
To open the way for all citizens to seek the annulment of administrative decisions as concerned citizens, rather than directly and personally, as stipulated in Article 106 of the Statute of the Advisory Council of States, will inevitably flood the Advisory Board with revisions and will also dedicate the popular revision theory to Vox Populi.
Considering that it is not permissible for a government or a minister to take decisions contrary to constitutional and legal provisions, and to harm the Lebanese State and its public storage, without 39: no judicial remedy can invalidate it and put an end to the damage resulting therefrom;
While giving the deputy elected by the sovereign Lebanese people the right of appeal to revoke the decisions of the Authority because it exceeds the limits of power achieves the desired goal, particularly if this right is limited to certain decisions such as decrees and regulatory decisions, administrative work related to public health, public safety and the environment, works That would impose a financial burden on the public treasury or deprive the State of legitimate revenues or would prejudice interests, without giving him the right to appeal individual decisions.
While the diligence in judicial systems similar to our judicial system began to go towards the acceptance of the revision of the representatives of the nation to invalidate decisions exceeding the limit of power.
Considering that former MP Boutros Harb presented on 29/11/2017 a proposal to amend the text of Article / 106 / Paragraph / 2 / of the Statute of the State Council of Shura and that it can be registered in the House of Representatives under No. / 146 /.
She concluded: "I adopt the above bill with the addition of a paragraph and hope to discuss and approve."
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