The resigned government and the problems of appointing a new governor for the Banque du Liban

Ambassador Jean Macron* There has been an increase in recent legal discussions about the powers of the resigned government of Prime Minister Najib Mikati, related to the possibility of appointing a governor for the Banque du Liban before the term of the current governor ends in July 2023, as well as the possibility of making other administrative and non-administrative appointments. – Article 62 of the Lebanese Constitution: This article states: However, “in the event that the presidency is vacant for any reason, the powers of the President of the Republic shall be vested in an agency of the Council of Ministers.” This article applies to an ordinary and natural reality, which is the existence of a government that assumes and exercises its functions and powers according to Article 65 of the Constitution, which stipulates that the Council of Ministers shall manage the interests of the state and implement laws after obtaining the confidence of the House of Representatives, and they bear the responsibility for their policy towards the House of Representatives, but today we are facing a government that has resigned After the end of President General Michel Aoun’s term, according to Article 69, which stipulates that every government is considered resigned “at the start of the term of the President of the Republic.” – What is the position of the French administrative jurisprudence? The administrative jurisprudence, which the minister suffices to sign after a brief scrutiny, and between the important tasks that a resigned government cannot undertake except in emergency cases (Cas d’urgence), provided that the matter of verifying the emergency situation and the availability of its conditions remains subject to the supervision of the administrative judiciary. – What is the position of the Lebanese administrative jurisprudence? ? In its Resolution No. 614 dated 12/17/1969, the State Consultative Council distinguished between ordinary work that is limited in principle to the administrative work that the resigned government can perform, which is the daily work that is up to the administrative bodies to complete and their action is mostly related to the approval of these bodies, such as the appointment and transfer of employees And the conduct of individual business over which the ministers exercise only limited supervision. While it was considered that the resigned government may not carry out the behavioral work aimed at creating new burdens or…

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