Palestinian Constitutional Court yesterday nullified a presidential decree issued by PA President Mahmoud Abbas a year ago, Felesteen newspaper reported.
In his “invalid” decree, Abbas assigned Palestinian lawyer Ali Muhana as head of the Supreme Court and the High Judicial Council of Palestine.
Palestinian lawyer Nael Al-Houh filed a complaint against Abbas to the Constitutional Court based on the fact that Muhana had never been a judge, which is an essential qualification for being a head for the Supreme Court according to Palestinian law.
The other problem with Abbas’s decree, Al-Houh said, was that Muhana “was not nominated by the High Judicial Council of Palestine before he was chosen by Abbas for his position.”
Palestinian law stipulates that the head of the High Judicial Council of Palestine or the Supreme Court has to be chosen by two thirds of the judges of the Supreme Court and he must have spent 20 consecutive years working.
Al-Houh later said he has been nominated as head of the Supreme Court by a presidential decree.
Following the ruling, Al-Houh stressed on the necessity of having an “independent” judiciary, noting that Abbas “overstepped” the legal norms.