AMAN Coalition welcomes the repealing of the decree to establish the Supreme Council of Judicial Bodies and Authorities and demands the abolition of all decrees and decree laws that weaken the independence of the judiciary
The Coalition for Accountability and Integrity (AMAN) welcomes President Mahmoud Abbas’ issuance of Decree No. (2) of 2023 to annul Presidential Decree No. (17) of 2022 on the formation of the Supreme Council of Judicial Bodies and Authorities. Simultaneously with that, the Coalition calls for the abolition of all decrees, decree laws, and procedures adopted by the Executive Authority to weaken the independence of the judiciary, including Decree Law No. (39) of 2020 regarding the formation of regular courts, Decree Law No. (40) of 2020 for amending the Judiciary Authority Law, and Decree Law No. (41) of 2020 regarding the formation of Administrative Courts and their subsequent decrees and executive decisions.
AMAN Coalition stresses that the Executive Authority’s continued adoption of decree laws that limit the independence of the judiciary violates the constitutional rules of the Separation of Powers principle enshrined in the Palestinian Basic Law. This also weakens the judiciary’s ability to monitor the actions of the ruling authority and hold it accountable.
The ongoing adoption of such decree laws is a serious violation of the independence of the judiciary and courts. Therefore, AMAN Coalition stresses the importance of repealing decree laws and Presidential decrees that affect the independence of the judiciary, as well as restoring Judicial Authority Law No. (1) of 2002 in order to maintain the judiciary’s independence. It is also important to reactivate the Separation of Powers and abide by the Basic Law’s provisions through holding general Presidential and Legislative elections to restore the balance between the State’s authorities, respect their jurisdiction, and prevent the Executive Authority’s encroachment on the Judicial Authority.
