Law by Decree No. 15 of 2014 Concerning the Amendment of the Law of the Formation of Regular Courts No. 5 of 2001

 

Law by Decree No. 15 of 2014 Concerning the Amendment of the Law of the Formation of Regular Courts No. 5 of 2001

 

The President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation

 

In accordance with the provisions of the Amended Basic Law of 2003 and its Amendments, particularly Article 43 thereof,

And the Law of the Formation of Regular Courts No. 5 of 2001 and its Amendments,

Having reviewed the Law of the Judicial Authority No. 1 of 2002,

Having reviewed the Law of the Civil and Commercial Procedure No. 2 of 2001 and its Amendments,

And upon the recommendation of the Council of Ministers on 25/03/2014,

Based upon the powers bestowed upon me, and

In accomplishment of the public interest,

In the name of the Arab Palestinian people,

 

I hereby promulgate the following Law by Decree:

 

Article 1

The Law of the Formation of Regular Courts No. 5 of 2001 and its Amendments, for the purposes of this amendment, shall be referred to as the Original Law.

 

Article 2

Article (1) of Law No. 2 of 2005 amending Article (14) of the Original Law shall be amended to read as follows:

1. The Court of First Instance shall be convened by (3) three judges. The presidency shall be to the President of the Court or the most senior judge to consider offenses and their associated crimes which their punishment are stated by the law to be one of the following: a. Death penalty b. Life imprisonment with hard labor. c. Life detention  d. Life imprisonment. e. Imprisonment or confinement for more than (10) years.

2. The Court of First Instance shall be convened by an individual judge in the following cases: a. To consider all felonies that are not provided for in the preceding paragraph and their associated misdemeanours. b. To consider all civil cases outside the jurisdiction of the Magistrate Courts, whatever their values were.

Article 3

Article (25) of the Original Law shall be amended to read as follows:

The High Court of Justice shall convene under the presidency of its President or its senior judge and the presence of ten of its members upon the request of its President or one of its circuits of jurisdiction in the following cases:

1. To reverse a legal principle previously established by the Court or to remove a contradiction between legal principles.

2. To reverse a legal principle previously established by the Court or to remove a contradiction between legal principles.

Article 4

Paragraph (2) of Article (33) of the Original Law shall be amended to read as follows:

2. Requests aiming at the cancellation of final administrative regulations, decisions and decrees concerning persons or assets of public juridical persons, including professional syndicates, higher education institutions, duly registered associations and unions of public interest.

Article 5

All cases currently examined before the Court of First Instance, composed of three judges, which have become outside its jurisdiction in accordance with the provisions of this Law by Decree, shall be referred to the Court of First Instance formed by an individual judge, unless its pleading is closed.

Article 6

Article (35) of the Original Law shall be amended to read as follows:

Notwithstanding the provisions of any other legislation, the President of the Council or his deputy, in case of the President’s absence, may delegate any judge to a court one degree higher or lower for a period not exceeding one year, provided that the High Judicial Council shall approve this in the first session it convenes after the issuance of the delegation decision. The High Judicial Council shall extend the delegation for the period required by the interest of work, and not exceeding one year more.

Article 7

All provisions that contradict the provisions of this Law by Decree shall be repealed.

Article 8

This Law by Decree shall be presented to the Legislative Council in the first session it convenes for approval.

Article 9

All the competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this Law by Decree, which shall enter into force as of the date of its publication in the Official Gazette.

 

Issued in the city of Ramallah on: 19/06/2014 AD.

Corresponding to 21 / Sha'ban / 1435 Hijri.

 

Mahmoud Abbas

President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation

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