Report of the Supreme Constitutional Court in Palestine
The State Audit and Administrative Control Bureau (SAACB) followed up on its 29-12-2021 report and found the Supreme Constitutional Court did not implement two recommendations: clarification of the Secretary-General’s legal status and measures to limit kinship conflicts of interest. Date: 13-1-2022.
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English translation, prepared and reviewed before publication. The Arabic text is authoritative.
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- SAACB followed up on the recommendations contained in its report published on 29-12-2021, regarding the above-mentioned report of the Supreme Constitutional Court for the fiscal years 2016 through 2018, and it was found that the Court did not implement two recommendations that had been included in SAACB's 2020 report, which concerns following up on its recommendations contained in the Bureau's annual reports, with an implementation rate of 100% (not implemented)....!
- We explain below these two recommendations that were not implemented by the Supreme Constitutional Court:
1- The first recommendation from SAACB: it is necessary to determine the legal status of the Secretary-General of the Supreme Constitutional Court, by "amending the Supreme Constitutional Court Law to specify the legal status of the Court's Secretary-General, either with financial and administrative authority, or with technical authority regarding the preparation of the constitutional file"... and the Court did not implement this recommendation according to SAACB's opinion...
2- The second recommendation addressed to the Supreme Constitutional Court, states according to SAACB's follow-up report on its recommendations: "limiting conflicts of interest by transferring employees who are related by kinship within the Court, whether related to the President of the Court, or the judges, or the administrative employees"... SAACB noted that it was not provided by the Court with any documents proving the cessation of conflicts of interest in the Supreme Constitutional Court through the transfer of employees who are related by kinship within the Court... and therefore this SAACB recommendation was not implemented....! ...
· From our point of view, this is inconsistent with the status, role and duties of the Supreme Constitutional Court, and with the obligation to implement the recommendations of the State Audit and Administrative Control Bureau (SAACB) as a supreme supervisory tool over public work, to which the Supreme Constitutional Court is subject as part of that oversight...!
· Date 13-1-2022
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Zuhdi Shubeitah, “Report of the Supreme Constitutional Court in Palestine” (English translation of «تقرير المحكمة الدستورية العليا في فلسطين», originally published 11 September 2022), https://www.zuhdish.co/en/articles/report-of-the-supreme-constitutional-court-in-palestine
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