Syrian Constitutional Declaration…System of government in the transitional phase

System of government during the transitional phase in the Syrian Constitutional Declaration:

• Legislative authority is exercised by the People’s Assembly.

• The President of the Republic shall form a higher committee to select members of the People’s Assembly.

• The Supreme Committee supervises the formation of electoral sub-committees.

• The sub-bodies elect two-thirds of the members of the People’s Assembly.

• The President of the Republic appoints one-third of the members of the People’s Assembly to ensure fair representation and efficiency.

• A member of the People’s Assembly may not be removed from office except with the approval of two-thirds of its members.

• A member of the People’s Assembly enjoys parliamentary immunity.

• The People’s Assembly shall exercise legislative authority until a permanent constitution is adopted.

• The term of office of the People’s Assembly is thirty months, renewable.

• The People’s Assembly shall undertake the following tasks:

1- Proposing and approving laws.

2- Amending or cancelling previous laws.

3- Ratification of international treaties.

4- Approval of the state’s general budget.

5- Approval of the general amnesty.

6- Accepting or rejecting the resignation of one of its members or lifting his immunity in accordance with its internal regulations.

7- Holding hearings for ministers.

• The People’s Assembly makes its decisions by majority.

• The President of the Republic takes the constitutional oath before the People’s Assembly.

• The President of the Republic shall appoint one or more deputies and determine their powers.

• In the event of presidentia vacuum, the First Vice President shall assume the powers of the President.

• The President of the Republic appoints and dismisses ministers.

• The President of the Republic appoints heads of diplomatic missions to foreign countries.

• The President of the Republic has the right to grant special pardons and restore honor.

• The President of the Republic declares general mobilization and war after the approval of the National Security Council.

• In the event of grave danger, the President of the Republic can declare a state of emergency, partially or completely, for a maximum period of three months in a statement to the people, after the approval of the National Security Council and consultation with the Speaker of the People’s Assembly and the President of the Constitutional Court. The state of emergency shall not be extended for a second time except after the approval of the People’s Assembly.

• The existing Supreme Constitutional Court shall be dissolved and a new Supreme Constitutional Court shall be established.

• The Supreme Constitutional Court consists of seven members, appointed by the President of the Republic, who enjoy honesty and competency.

• The mechanism of work of the Constitutional Court and its powers shall be regulated by law.

• The state paves the way for the achievement of transitional justice.

• Cancelling all exceptional laws that have harmed the Syrian people and that contradict human rights.

• Cancelling the effects of the unjust rulings issued by the Anti-Terrorism Court that were used to suppress the Syrian people, including the return of confiscated property.

• Cancelling the exceptional security measures related to civil and real estate documents, which were used by the former regime to suppress the Syrian people.

• A transitional justice body shall be established, adopting effective, consultative, and victim-centered mechanisms.

• The role of the transitional justice body will be to determine the means of accountability, the right to know the truth, achieve justice to victims and survivors and honor the martyrs.

• War crimes, crimes against humanity, genocide, and all crimes committed by the former regime are excluded from the principle of non-retroactivity of laws.

• The state criminalizes the glorification of the former Assad regime and its symbols.

• Denying, praising, justifying or downplaying the crimes of the ousted regime are crimes punishable by law.

• The Constitutional Declaration shall be amended with the approval of two-thirds of the People’s Assembly based on a proposal from the President of the Republic.

• The applicable laws shall remain in effect unless they are amended or cancelled.

• The transitional period shall last five years, starting from the date this Constitutional Declaration comes into force and ending after the adoption of a permanent constitution for the country and the organization of elections in accordance with this constitution.

 

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