The Legislative and Consultative Organization of the Ministry of Justice Rules: Circular No. 147 of the President of the Higher Judiciary Council of 4/9/2003 of the letter by Chedid to Prohibit Attorney Mugraby from Practicing Law Has No Legal Force

Beirut, May 27, 2004

We have received from the Ministry of Justice the text of the opinion issued, in response to Minister Tabbara's request, by the Legislative and Consultative Organization ("LCO") of the Ministry of Justice with respect to the circular by judge Tanios Khouri, president of the higher judiciary council, No. 147 dated 4/9/2003 of ex-president Chedid of the bar association at Beirut ("BAB")'s letter contending that attorney Dr. Muhamad Mugraby is prohibited from practicing the law profession and requesting the circulation of the said letter to all courts. Judge Khouri did just that by circulating Chedid's letter to all courts with a footer bearing his signature, i. e. the signature of the president of the higher judiciary council.

In an opinion under the signature of its president judge Dr. Shukri Sader and bearing the approval of the director general of the ministry of justice judge Omar Natour, LCO held that the circular by judge Tanios Khouri, president of the higher judiciary council, of 4/9/2003 has no legal force, stating:

"The circular, in the form it was issued, can have no effect on the proceedings and business of courts or the procedure before courts. Each court may, upon the request of the parties or on its own, examine whether one of the parties is properly represented by the person in question."

Attorney Dr. Muhamad Mugraby had formally requested the Minister of Justice to withdraw the circular issued by judge Khouri on 4/9/2003 of Chedid's letter of 3/9/2003 due to the fact that judge Khouri had no standing or power, as president of the higher judiciary council, to issue such a circular.

Under Legislative Decree No. 151 organizing the Ministry of Justice, LCO is charged with interpreting the law and issuing opinions on conflicts between the administration and private parties. The director general of the ministry may approve the opinion, request reconsideration thereof, or appeal the same to a higher body. While the administration is not bound by the opinion, it may not refuse to comply therewith except by issuing a decree to the contrary stating its reasons. Such a decree may then be challenged before the conseil d'etat.

The ruling was issued on September 30, 2003, but did not surface until today. Neither minister Tabbara nor judge Khouri has complied with the LCO opinion or issued a decree stating the reasons for not complying therewith.