Lebanese Constitutional Council Strikes Down Judicial Independence Law

Beirut, Lebanon – On Wednesday, February 25, 2026, the Lebanese Constitutional Council (CC) unanimously annulled Law No. 36, the recently enacted Judicial Organization Code, commonly known as the law on judicial independence. The decision effectively resets the legislative process, sparking debate among legal experts and political figures.

Procedural Flaw Cited

The CC’s ruling centered on a procedural oversight: the failure to consult the Higher Judicial Council (HSC) before the final vote on the law. According to the Council, this consultation is a “substantial formality” mandated by Article 20 of the Lebanese Constitution, designed to safeguard the independence of the judiciary. Former Justice Minister Marie-Claude Najm clarified that while the HSC’s opinion is advisory, the consultation itself is obligatory. L’Orient Today reports that the CC determined the omission invalidated the entire process.

Appeals and Contentious Provisions

The annulment followed appeals from both independent MPs seeking partial revisions and lawmakers from the Free Patriotic Movement (FPM) advocating for complete repeal. While the CC did not address the substantive arguments raised in these appeals regarding specific provisions of the law, it left the door open for future challenges. The Judges’ Club has called for renewed consideration of its previously submitted observations, as well as those from the Venice Commission, a consultative body of the Council of Europe.

Reactions and Concerns

Reactions to the decision have been divided. Some, like former Beirut President Antonio Hachem, welcomed the annulment as a reaffirmation of the judiciary’s authority and the importance of proper procedure. Others, including Georges Okaïs, a deputy from the Lebanese Forces, expressed concern about further delays in enacting crucial judicial reforms. A source close to Samir Geagea’s party lamented the cancellation, arguing it occurred over a technicality rather than a substantive issue.

Ministerial Role Questioned

The CC also raised concerns about the role of the Minister of Justice, Adel Nassar, during the legislative process. The Council noted that Nassar attended sessions of the Committee on Administration and Justice both in his official capacity and purportedly representing the HSC, potentially encroaching on the judiciary’s prerogatives. Sources close to the HSC maintain close coordination with Nassar, but argue formal representation wasn’t necessary, as written observations were submitted to the committee.

Eight Years of Debate

This decision marks another setback in a reform process that began in 2018. The law has been repeatedly modified and faced numerous hurdles before its final adoption in December 2025, after being returned by President Joseph Aoun for revisions addressing inconsistencies related to magistrate appointments and mandates. The annulment pushes the legislative process back to square one, raising questions about the future of judicial independence in Lebanon.