"Akhbar al-Yawm" agency

After the Constitutional Challenge...What Is the Fate of the 2025 Budget?

Malek to "Akhbar Al-Yawm": No constitutional violation, especially regarding Article 86

Eleven MPs submitted a challenge to the Constitutional Council against the decree issuing the 2025 budget, citing numerous constitutional violations in both the procedure and content of its adoption. They also objected to the significant financial burdens and tax increases imposed by the budget.

With this challenge now in play, questions arise about the fate of the budget initially drafted by Prime Minister Najib Mikati’s government in mid-September and later enacted by Prime Minister Nawaf Salam’s government through a decree issued on March 6. 

Constitutional expert Said Malek, commenting on the challenge in an interview with "Akhbar Al-Yawm", affirmed that "it is within the rights of ten or more MPs to challenge any law or equivalent measure before the Constitutional Council, including the decree that enacted the general budget".

However, Malek expressed initial doubts about the challenge’s validity, stating: "At first glance, I do not see strong legal grounds for this challenge, though a final judgment should only be made after reviewing the specific arguments put forward by the MPs". He explained that if the Constitutional Council finds merit in the challenge, it could annul the budget in whole or in part. Otherwise, the challenge would be dismissed.

Addressing concerns over the decree’s legality, Malek clarified that issuing the budget by decree does not constitute a constitutional violation, as it aligns with Article 86 of the Constitution. "I do not see any breach of this article in any form", he stated.

On the procedural impact of the challenge, Malek noted that such legal actions typically include a request to suspend the implementation of the contested law. This means the Constitutional Council has the authority to temporarily freeze the budget or certain provisions until a final ruling is issued. If the Council ultimately deems parts of the budget unconstitutional, those provisions would be considered null and void, effectively removing them from the budget. Conversely, if the Council upholds the budget’s legality, it will remain in effect, even if its implementation had been temporarily suspended.

The MPs behind the challenge include Paula Yacoubian, Melhem Khalaf, Najat Aoun Saliba, Firas Hamdan, Adib Abdel Massih, Bilal Al-Houshaimi, Melhem Tawk, Adnan Traboulsi, Taha Naji, Ibrahim Mneimneh, and Tony Frangieh. They argue that the decree violates constitutional principles in its adoption process and imposes heavy financial burdens on citizens.

Speaking outside the Constitutional Council, Yacoubian criticized what she described as a "persistent and worsening violation concerning the final account". She explained that, unlike in the past, when Parliament granted exemptions, the government this time unilaterally issued the budget without a final account". Additionally, she condemned the government’s decision to impose taxes, some with retroactive effect, calling it "a blatant encroachment on parliamentary authority".

She further noted that while Article 86 of the Constitution does allow the government to issue the budget by decree, it failed to meet all necessary conditions, including the requirement to convene an extraordinary parliamentary session.