Mikati said that the Lebanese government will continue to carry out all its constitutional duties, including the conduct of business, in accordance with the provisions of the constitution and the regulations that sponsor its work.
Aoun had left the presidential palace amid the support and presence of his supporters in his Free Patriotic Movement party, prior to his exit by signing a decree considering the caretaker government to have resigned, in a step that further complicated the political scene in the country.
With no candidate capable of obtaining the required majority in parliament, the political vacuum threatens to deepen the country’s crises in light of an accelerating economic collapse three years ago and with the inability to form a government since May.
Speech to Parliament
The caretaker prime minister considered that “the decree that accepted the resignation of the government, which originally resigned under the provisions of the constitution, lacks any constitutional value,” in a letter he addressed to Parliament Speaker Nabih Berri.
Mikati’s letter stated: “On 10-30-2022 Decree No. 10942 was issued accepting the resignation of the originally “resigned” government in accordance with the text of Article /69/ of the Constitution due to the beginning of the term of the House of Representatives, without being accompanied by the issuance of a decree assigning the president, who was chosen by the ladies and gentlemen. Representatives to form a government based on binding parliamentary consultations in accordance with Article 53 of the Constitution.
He added, “This decree (the decree accepting the resignation of a resigned government) undoubtedly wears an advertising and not a constructional character, with the consequences of that, the most important of which is that the conduct of business becomes one of the duties of the resigned government or that is considered by virtue of the resigned without the need for a decision issued by the President of the Republic. about this.
Mikati continued, saying: “It is undisputed that the conduct of business has risen to the level of commitment and a constitutional obligation, and has been enshrined and imposed by Article / 64 / of the Constitution after it was a constitutional custom necessitated by the necessity of the continuity of the functioning of the public facility and the regular functioning of constitutional institutions – the basis of public order in the state – which imposes Every constitutional institution performs, without delay, the tasks entrusted to it, within the powers given to it, given that the vacuum in the constitutional institutions contradicts the purpose for which the constitution was created and threatens the regime to fall and put the country in the unknown, as stated by the Constitutional Council in its Resolution No. 7/ 2014 date 11-28-2014”.
He added, “It goes without saying that the failure of our government, which was considered resigned due to the beginning of the mandate of the House of Representatives, to carry out its constitutional duties and duties, including following up on its conduct of business, under any pretext, constitutes a breach of its duties and exposes it, as president and members, to constitutional accountability for violating duties as stipulated. This is explicitly stated in Article 70 of the Constitution.
The head of the caretaker government concluded his speech to the Speaker of the House of Representatives by saying: “Because the decree, which accepted the resignation of a government that is originally and ipso facto resigned by virtue of the text, lacks any constitutional value that reflects negatively on the obligation to conduct business in addition to exercising all the obligations imposed on it by the constitution (… .) Kindly take note of the government’s follow-up to conduct business and carry out all its constitutional duties in accordance with the provisions of the Constitution and the regulations that sponsor its work and how to take its decisions stipulated in the Constitution and in Decree No. 2552 dated August 1, 1992 and its amendments (organizing the work of the Council of Ministers), unless your esteemed council dissenting opinion.”
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In his letter to Parliament, outgoing Lebanese President Michel Aoun said that his step came after Prime Minister-designate Najib Mikati expressed “his lack of enthusiasm for writing for various reasons”, and to cut off the way for him to “convene cabinet sessions” in violation of “the concept of conducting business in the narrow sense.” .
For weeks, Aoun has exchanged accusations of obstructing the formation of a government as a result of counter-conditions and conditions.
Aoun’s step is a precedent in Lebanon, where the President of the Republic must issue a decree accepting the resignation of the government, on the same day he signs the decrees appointing the prime minister and forming a new government. The three decrees are issued together.
However, constitutional experts downplay its repercussions and place it within the framework of the “political conflict” between the two men.
Since the early hours of the morning, supporters and members of the Free Patriotic Movement party that Aoun founded have flocked to the vicinity of the presidential palace.
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