Syria/ 5.1 General legislation  

5.1.2 Division of jurisdiction

In general, mechanisms of decision-taking, especially with regard to development of legislations related to the cultural domain are in line with the distribution of the general legislative authorities of the State, i.e.:

 

  • The Legislative Authority -The People Assembly (the Parliament): The Parliament practices its legislative authority in accordance to the permanent constitution of the Syrian Arab Republic. It is stated in Article (55), the first chapter, the third section, “The Parliament holds the legislative authority in the country the way it’s stated in the constitution, which put the legislative authority in specialty of the articles (74), (75), (76), (77), (78), (79), (80), (81) and (82).[1]” The People Assembly exercises its legislative power based by virtue of articles: 50-51-52-53- 60- 67-70-71-74 of the permanent Constitution of the Syrian Arab Republic[2].

  • The Executive Authority: Represented by President of the Republic[3] – The Cabinet[4] – The Local Councils, and the Local Administration[5].

  • The Judicial Authority: Based on distribution of legislative authorities in Syria, we say that the body responsible for proposing amendments on laws and legislations with regard to the cultural life in Syria is the Ministry of Culture. The latter presents the amendments to the People Assembly where all are subject to discussion and examination, for determining what appropriate measure to be undertaken.

 





[1]Article (174): Members of Parliament practice the right of suggesting laws and addressing a ministry or any of the ministers with questions and interrogations according to the provisions of the Parliament’s internal regulations.

Article (75): Parliament undertakes the following specializations: 1- Approving laws. 2- Discussing a ministry’s statement. 3-Motion of no confidence of a cabinet or any of the ministers. 4- Approving general budgets and final calculations. 5- Approving development plans. 6- Approving international treaties and agreements that are related toState safety and all treaties related to foreign sovereign rights, in addition to, treaties and agreements that assign the state’s treasury, and expenses that are not mentioned in its budget. 7- Approving general amnesty.

Article (76): Head of the government’s cabinet should submit, within a maximum of thirty days of the ministry establishment, the ministry statement to parliament to discuss.

Article (77): Motion of no confidence not permitted unless after a directed interrogation done to a cabinet or one of the ministers. Request forMotion of no confidence should be according to a suggestion submitted by five parliament members at least and it’s executed by the majority of parliament members.

Article (78): Parliament has the right to establish temporary members committees to gather information and find facts in issues related to its specializations.

Article (79): Budget project should be submitted to parliament at least two months before the beginning of the financial year.

Article (80):

1. Parliament should vote on budget, section by section, and it is not considered legitimate unless approved by parliament.

2. If parliament has not finished approving the budget before the beginning of the new financial year, parliament should work, then, with the previous year budget until approving the new one and incomes are obtained according to laws and regulations.

3. Swap is not permitted between budget’s sections unless by provisions of law.

4. Parliament is not allowed, during the budget study, to exaggerate in evaluating the total of incomes or expenses.

Article (81): After approval of budget, parliament is permitted to approve laws that create new expenses and resources for them.

[2]     

Article 50:

a-The People Assembly assumes legislative power in the manner defined in this Constitution.

b-The members of the People Assembly are elected by general, secret, direct, and equal ballot in accordance with the provisions of the election law.

 

Article 71: The People Assembly assumes the following powers:

a- Nomination of the President of the Republic

b- Approval of the laws

c -Debate of Cabinet policy

d -Approval of international treaties and agreements.

e-Approval of general amnesty.

f- Accepting or rejecting the resignation of a member of the Assembly.

g-  Apply Motion of no confidence in the Cabinet or a minister.

 

Article 74: The draft budget is submitted to the Assembly two months before the beginning of the fiscal year. The budget is not in force unless it is approved by the Assembly.

At the beginning of a new legislative term the Assembly forms its permanent committees: Committee of Constitutional and Legislative Affairs, Committee of Accounts and budgets, Committee of Fiscal laws, Committee of Arab and Foreign Affairs, Committee of Directing and Guidance, Committee of Planning and Production, Committee of Services, Committee of Environment and Population Activity, Committee of National Security, Committee of Interior and Local Administration, Committee of Complaints and Petitions, Committee of Agriculture and Irrigation.


[3]
  The President of the Republic: Goal:

1-The President of the Republic, through consultation with the Cabinet, lays down the State general policy and supervise its implementation in accordance with the Constitution, and strengthening defense capabilities of the State. 2- Setting up tools of the Presidency, identifying its jurisdictions, cadre, and all financial affairs and personnel rights by a resolution issued by the President.

The President of the Republic assumes legislative authority and exercises power with regard to: 1- Issuing decisions endorsed by the People Assembly, 2- Issuing decrees, laws, and orders in accordance with the legislations in force, 3 - Issuing amnesty and reinstatement decisions, 4- Declaring war and general mobilization, state emergency, concluding peace upon the approval of the People  Assembly,5- Concluding and canceling agreements and international treaties in accordance with the Provisions of the Constitution, 6- Accrediting heads of the diplomatic missions to foreign governments and accepts the accreditation of the heads of foreign diplomatic missions to him, and 7- Presenting draft laws and referring them to the People Assembly for consideration.

 

[4] The Cabinet: The Cabinet is the highest State executive and administrative body. It consists of the President of the Councils of Ministers, his deputies, and the ministers. It supervises the execution of the laws, regulations, and the work of the State machinery and institutions.

 

[5]  The Local People's Councils: The People Local Councils are bodies which exercise their powers within the administrative units in accordance with the law. The law defines the powers of the People Local Councils, election and formation methods, rights and duties of their member, and all relevant powers.

Before implementing the law of the local councils issued by the legislative decree no. 15, 1971, there were two main administrative bodies derived from the French Legislation:

A-  An administrative body

B- A municipal body

Some amendments were introduced, which can be summarized as follows:

  • Based on to the legislative Law No.24, 1972, the governorates were entitled the authority of monitoring the work of the municipalities, formerly recognized by the Ministry of Municipal and Rural Areas in line with the recognized laws and regulations.
  • Based on Law No. 29, 1972, the jurisdictions formerly recognized by the Ministry of Municipal and Rural Areas with regard to supervising the financial and administrative affairs of the municipalities, were entitled to the Ministry of Local Administration.

 

The Local Administration: Law of the Local Administration issued under the legislative decree no.15, 1971, and as stipulated in the 1st Section, states on:

  • The Proletariat is the leader in implementing the principle of the popular democracy, addressing the people's will, safeguarding its continuous supervision over implementation, and its active participation in recognizing  the united Arab socialist society
  • All administrative units are responsible for the economic, cultural, and services issues, as well as other affairs concerned with the daily life of the citizens within the framework of the general planning, the laws, and, legislations endorsed by the State.
  • Entitling the jurisdictions related to these affairs to the local authorities, by restricting the task of the of the central authorities to planning, legislation, organizing, introducing modern technical methods, supervision, rehabilitation, training, coordination, and following-up the implementation of the big projects that cannot be carried out by the administrative units or that are of general concern for the citizens.
  • Securing an effective and feasible contribution in the efforts exerted to lift up the society within the domestic context by qualified people who are capable of providing  such a constructive contribution.
  • Entitling the bodies emerging from the administrations of the administrative units with authorities for a smooth running of work and providing them with all necessary capabilities to realize that.

Chapter published: 06-05-2016


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