Alray App
Calling for elections by Abbas is illegal: legal expert
Calling for elections by Abbas is illegal: legal expert
related post

Gaza, ALRAY - The call for holding an election by the president of Palestinian Authority Mahmoud Abbas, as soon as he returns back to Ramallah is illegal, Palestinian legal expert stated on Monday.

The legal expert Nafeth al-Madhoun said that it must firstly discussing the legitimacy of Mahmoud Abbas presidency of Palestinian Authority (PA).

Mahmoud Abbas nominated as the president of PA immediately after winning 2005 elections; Palestinian law stated that the term of PA presidency lasted for just four years, after which an election must be held.

Up to the aforementioned article, al-Madhoun explained why Abbas has no authority to call for an immediate election. He noted that the law stated that the head of Palestinian Legislative Council, Azeez Dwail, take office as the president of PA for 60 days, during which he calls for holding an election.

From his point of view, there is a legal issue in case Abbas calls for holding elections, which are his legitimacy to issue such a call and the law on which he will lay to call for elections.

Al-Madhoun wonders if Abbas will call for election basing on the law on which 2006 held, or he will call for elections relaying on his own point of view.

Al-Madhoun calls for a consensus between the factions that calls for elections on definite mechanisms.

The head of Palestinian Legislative Council, Azeez Dwaik, is subjected to pressure in order to prevent him from calling for holding elections according to Palestinian law.  

He said that the decision, of the constitutional court to dissolve the Legislative Council in the beginning of 2019, is illegal, since forming the constitutional court in 2016 was itself illegal.  

He explained that Abbas has no right to form the court in 2016 because his office term is ended.

Forming a constitutional court at that time faced by a wide scale refusal by the Palestinian factions and right organizations.

The administrative court of Gaza issued a rule to cancel Abbas decision of forming the constitutional court, and its impacts, relaying on the Palestinian law that states the end of Abbas term in office.