Law by Decree No. 10 of 2020 Concerning the Suspension of the Limitation Periods, Legal Deadlines and Statutory Time Limits during the State of Emergency

Law by Decree No. 10 of 2020

Concerning the Suspension of the Limitation Periods, Legal Deadlines and Statutory Time Limits during the State of Emergency

 

The President of the State of Palestine

The Chairman of the Executive Committee of the Palestine Liberation Organisation

In reference of the Bylaw of the Palestine Liberation Organisation,

The Amended Basic Law of 2003, as amended,

Having reviewed the Presidential Decree No. 1 of 2020 Concerning the Declaration of the State of Emergency,

The Presidential Decree No. 3 of 2020 Concerning the Extension of the State of Emergency,

The Law by Decree No. 9 of 2020 Concerning the Approval of the Extension of the State of Emergency,

The Law by Decree No. 7 of 2020 Concerning the State of Emergency,

The set of judicial laws, laws of procedure, and all relevant procedural provisions,

In light of the extraordinary circumstances which the homeland is experiencing,

In pursuance of my constitutional duties of fully catering for the interests of the Palestinian people,

Based upon the powers vested in me, and 

In pursuance of the public interest,

 

I hereby promulgate the following Law by Decree:

Article 1

Notwithstanding the provisions of any other piece of legislation, the period of the declaration of the state of emergency to confront a force majeure shall be deemed to be a legal cause to suspend the enforcement of all limitation periods, legal deadlines and statutory time limits, in particular:

1. Litigation Procedures before regular civil, penal and administrative courts, family courts, military courts, constitutional courts, judgement enforcement departments, or arbitration panels.

2. Procedures of investigation or initiation of criminal proceedings by the Public Prosecution or Military Prosecution.

3. Administrative or disciplinary procedures, or submission of motions, objections or complaints and others to any government department or official institution.

4. All statutory periods, deadlines and time limits necessary for taking any procedure at any government departments or official institutions, bodies and authorities.

Article 2

1. The suspension of the counting of the limitation periods, legal deadlines, statutory time limits and other terms shall be applicable in accordance with the provisions of Article 1 of this Law by Decree as of the day following the declaration of the state of emergency.

2. The counting of the limitation periods, legal deadlines, statutory time limits and other terms, which have been suspended, shall be resumed as of the day following the expiration of the state of emergency, or the day following the announcement of the normal functions of judicial bodies, government departments, and relevant official institutions.

Article 3

The terms pertaining to the following shall be excluded from the provisions of Article 1 of this Law by Decree:

1. The periods of detention and requests for the extension of the same in accordance with the law.

2. The period of objection on appeal against the decisions on and requests for the extension of detention, and the decisions made on the requests for release.

3. The periods, deadlines and time limits which are announced within the framework of the emergency measures.

Article 4

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

2. This Law by Decree shall be in force until the day following the expiration of the state of emergency, or the day following the announcement by the competent authority of the resumption of normal functions of relevant official bodies.

Article 5

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 promulgation and shall be published in the Official Gazette.

 

Promulgated in the city of Ramallah on April 7th, 2020 Anno Domini,

Corresponding to Sha’ban 14th, 1441 Anno Hegira.

 

Mahmoud Abbas

President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation

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