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    El-Atrash Law Offices

    News

    29th January 2017

    29/01/17

    In the last week of January, Dr El-Atrash travelled to Athens to participate in the conclusion of an agreement between the General Authority for Electricity and Renewable Energy of Libya (GAEREL) and METKA, a leading international contracting and manufacturing company, for the engineering, procurement and construction of a new power plant in Tobruk.

    The project aims to supply three gas turbines and a 220/66 Kv substation, which represents a major positive contribution to the region’s power needs. Subject to the approval of the authorities in Libya, the project aims to connect the first gas turbine to the power grid within nine months and the remaining turbines in less than a year.

    Our office had the honour to participate in the negotiations resulting in the conclusion of an agreement, which we hope heralds a new period of progress and development which aims to address the urgent daily needs of Libyan businesses and people for a stable and reliable power supply.

     



    24th December 2016

    24/12/16

    On the occasion of the sixty-fifth anniversary of the independence of our beloved country, loyal men and women of Libya, you must beware of the threats we face.

    Libya’s heroes gave their bodies and their souls to ensure that the country reached this, the sixty-fifth anniversary of the free state of Libya, independent and free from foreign domination, so we give our thanks, appreciation and gratitude.

    On the anniversary of Libya’s independence on 24th December 1951, we salute the sons of the Libyan people and remind them that to maintain our independence will certainly be more difficult than when it was awarded. Today’s challenges are much greater than they were and we must give precedence to the national interest over all others.

    We are worried that the nation will be divided and fragmented and so since the early stages of the Revolution our focus has been on maintaining Libyan national unity despite the attacks we have witnessed as one of the constants of the Seventeenth February Revolution.

    The heart of Freedom Square in the city of Benghazi became a religious arena as was already evident in 2012, when it was one of the indicators of the level of popular interaction in the political scene. It was also a base for those who wished to work to build a state based on civil democracy, the rule of law and respect for rights and freedoms. As a son of this city I know very well that there is still time for it to catch its breath and challenge all those who want both Benghazi and Libya to give up and return again to a military systems or become a religious state.



    19th December 2016

    21/12/16

    Despite all alerts and warnings, we still insist on the complexity of the political scene and we still insist on taking positions which contradict the concept of democracy and building a state on the foundation of respect for the rule of law and institutions,  in accordance with traditional rules of state-building.

    The insistence on imposing a fait accompli as a way out of the crisis is strange when the representatives of all institutions, whether legislative, religious, economic, executive or military, continue to make statements about wanting to build a democratic state based on the Rule of Law and respect for the human rights of Libyans.



    14th December 2016

    16/12/16

    We have to face the fact that, as Libyans, we have failed to reach a solution or agreement and therefore we are the last people to talk about international options ,,,,,

    Since 2011, Libya has remained subject to the terms of United Nations resolutions and Chapter VII of the UN Charter although unfortunately, the legal consequences of this fact remain unclear or unknown, even to Libyan politicians.

    We are well aware that when we address the United Nations and its bodies, the resulting decisions have legal weight. Therefore, the behaviour of politicians must be guided by a high level of understanding of the legal implications as well as possible reflections on the attitudes of institutions, whether political, legislative or judicial.

    It should be very clear that the issue of the extension of the appointment of the UN envoy has nothing whatsoever to do with the fruits of the Political Agreement. Decisions of the United Nations are an expression of the will of the international community, represented by this international organization. The components of the Political Agreement have nothing to do with him as an individual and the feelings of Libyan politicians in their interactions are not valid criteria when assessing  its success or otherwise as an internationally brokered agreement. UN officials are simply employees who represent the will of the organization and carry out the tasks assigned to them without adding to or reducing, amending or cancelling the Agreement.



    16th November 2016

    18/11/16

    Based on the principles and fundamentals of the 17th February Revolution, beginning with building a state based on the Rule of Law and institutions,

    it was necessary for the Council of State to abstain from its determination to take actions which might increase the complexity of an already complicated situation and it should have waited until the crisis caused by the parliament’s failure to put the Skhirat Agreement to a democratic vote was resolved, since it is described in the Constitutional Declaration as the only legislative authority entrusted with the ratification of the Constitutional Amendment. This is definitely supported by the rules of constitutional law and by the Convention in paragraph (10) of the guiding principles when it stipulates:

    "The House of Representatives is the country's sole legislative authority during the transition period."

    Therefore, the House of Representatives’ approval of the political agreement is the only way by which the Council can earn legitimacy and in turn the right to legislate. This is supported by the Constitutional Declaration according to Article 12, which stipulates explicitly:

    "The legislative power of the state during the transitional phase remains with the House of Representatives elected in June 2014, exercising its powers under the Constitutional Declaration and modified according to this agreement."