Aoun - Berri conflict in a constitutional context ... who wins?

Aoun - Berri conflict in a constitutional context ... who wins?

| Friday 07 January 2022

Omar Al-Rassi - "Akhbar Al Yawm"

The "conflict" between the presidents of the Republic, General Michel Aoun, and the parliament Nabih Berri is not over, and its last chapters are now part of a constitutional context.

In response to the decree of the extraordinary legislative session that Aoun signed yesterday, according to which the opening and closing dates and the program have been set, the Speaker of the Parliament Nabih Berri issued a statement saying that the office of the House of Deputies  has the right alone to specify the agenda.”

Does Berri respect the constitutional text or did he want to send political messages to President Aoun?

Constitutionalist Said Malek stressed that there are political tensions between the first and second presidencies, but far from these interactions and this excessive sensitivity between the signatories, we must return to the provisions of the constitution, in particular article 33 which concerns the opening and closing of extraordinary sessions. It is clear that this article shows that the opening and closing of the ordinary session take place according to the dates mentioned in article 32, and that the President of the Republic, in agreement with the Head of Government, has the right to convene Parliament for extraordinary sessions by decree specifying its opening, closing and program, in agreement with the Prime Minister, in accordance with the provisions of article 33 of the Constitution.

He added: But if things have been done differently, custom does not constitute a rule .. There is a general principle : no interpretation in the context of the constitution, especially article 33, which is self-explanatory and clear.

Malek clarified that Berri cannot say that his point of view is based on the constitution, since the constitution is clear in this article, and explicitly specified the authority of the President of the Republic in agreement with the Prime Minister. He continued: As for the interpretation and what is customary, it cannot change the constitutional text, since it is supreme and it is necessary to rely on it.

Malek said President Berri is trying with his press release to show that no agreement has been produced regarding the sessions of government and the extraordinary session of Parliament.

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