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 Libyan Supreme Court

About The function of the judiciary in the State is to apply the legal rules for the granting of judicial protection to the right holders and to all those who have been attacked or unjustified. This is done by courts of various types and degrees (partial, primary, appeal). The judgments issued by these courts in order for this application to be valid and to unify its understanding of the law. All contemporary states have included in their judicial system a court at the top of the judicial pyramid with a different name, Entrusted with the implementation of that important task, The Libyan state did not depart from this approach, the Libyan legislator has opted to call the Supreme Court. The Supreme Court of Libya was not established after the independence of the country on 24/12/1951 despite the stipulation in the Constitution adopted by the Libyan National Assembly on 8/10/1951 but came into existence after the issuance of the Federal Supreme Court Law on 10/11/1951, 1953, which was amended by the decree issued on 3/11/1954. Since then, it has started to exercise its jurisdiction as a constitutional court, a court of appeal in civil and commercial matters and legal affairs, a court of administrative jurisdiction, a special court for electoral appeals, and the role of advisory opinion and legislation. From the federal government, and the state government.

'Brief History'

The Libyan legislator, since the first establishment of the court, has given special prominence to the principles it determines, making it binding on the lower courts and all authorities in Libya. Article 28 of the Supreme Court Law states that "the legal principles determined by the Supreme Court shall be binding on all courts and authorities In Libya "and was confirmed under the provisions of Article (31) of Law No. 6 of 1982 reorganizing the Supreme Court.

The legislator reorganized the court after 1969 by a decision issued on 25/10/1969, and the Law No. 6 of 1982 reorganized the Supreme Court, which was amended by Law No. 17 of 1994 and Law No. 8 of 2004. And then Law No. 33 of 2012. It is this law and its amendments that defined the powers of the Supreme Court today and organized its work, and its role at the top of the judicial hierarchy in the country. The law provides for the formation of the court and its chambers. The court is composed of a president and a number of advisors. It consists of departments that each consider a type of case in which the court is competent to adjudicate. It should be noted that the consultants who were appointed in the Court since its establishment during the year 1953 to the present (2017) have reached (174) advisers and that the rotation of the Presidency of the Court has reached (15) advisers. The number of consultants working in the court by the year 64 AD (2016 2017) does not exceed (64) advisers, distributed among its various departments (12), including (5) Chambers for the consideration of civil and commercial appeals, and similar to the consideration of criminal appeals, One for the consideration of administrative appeals, and another for the consideration of personal status appeals, also formed a Chamber for the consideration of constitutional appeals. This is in addition to the Chambers combined.

The internal regulations of the Supreme Court were issued by a resolution of its general assembly in its session No. 283/2004 dated 28/7/2004 and amended on 5/3/2005 and then by the general assembly resolution No. 285 of 25/6/2005. The proceedings also dealt with the proceedings of the Supreme Court General Assembly, the terms of reference of the Supreme Court, the procedures before the Supreme Court, including the Chambers, as well as the constitutional appeals process, the procedures for adjudicating jurisdiction, the contradictory provisions, And referred in the organization of work before other departments the provisions contained in the civil and commercial procedures, the procedures of the Shari'a courts, the criminal procedures and the administrative judiciary, and also the fees to be performed on appeals, Of the Supreme Court, and identified records, files and documents circulated in the Court.

In accordance with Law No. 6 of 1982 on the reorganization of the Supreme Court, article 15 of which stipulates that the Office of the Cassation shall be attached to the Supreme Court. Article 16 states that the Office of the Cassation shall consist of a sufficient number of members from among the judges and the Public Prosecution, Their rank as second-class deputy. Accordingly, on 27/11/1982, Decree No. 708 of 1982 was issued to organize the prosecution of cassation. It should be noted that it was the Public Prosecutor's Office who attended the sessions of the Supreme Court, and the Attorney-General or his representative does so in accordance with the text of article 14 of the Rules of Procedure of the Federal Court. And that the number of professors who have been appointed to the Office of the cassation since its establishment after the reorganization of the Supreme Court during the year 1982 to the present does not exceed (127) members, and that the professors who have headed the presidency since the establishment of the Supreme Court has reached (4), And those who took over the presidency after the reorganization of the Supreme Court in 1982, the number of (7) heads.

Legislation governing the Court Organizational Chart