Title Four. The Legislative Authority
Article 47
- The Palestinian Legislative Council is the elected legislative authority.
- The Legislative Council shall assume its legislative and oversight duties as prescribed in its Standing Orders, insofar as they do not contradict the provisions of this law.
- The term of the Legislative Council shall be four years from the date of its being elected and the elections shall be conducted once each four years in a regular manner.
Article 47bis
The term of the current Legislative Council shall terminate when the members of the new elected Council take the constitutional oath.
Article 48
The members of the Legislative Council shall be elected in general, free and direct elections in accordance with the provisions of the Elections Law, which shall determine the number of members, electoral constituencies and electoral system.
In the event the position of a member of more than a member of the Legislative Council becomes vacant, the vacancy shall be occupied in accordance with the provisions of the Elections Law.
Article 49
Before commencing work, every Member shall take the following oath before the Council:
“I swear by God, the Almighty, to be faithful to the homeland, to preserve the rights and interests of the people and the nation, to respect the law, and to perform my duties in the best manner, as God is my witness.”
Article 50
In its first meeting, the Council shall elect a Speaker, two Deputies to the Speaker, and a Secretary-General. Together, they shall make up the Office of the Legislative Council. It shall not be permitted to be a member of the Office and hold at the same time the position of President of the National Authority, or Minister, or any other governmental position.
Article 51
The Council shall accept the resignation of its Members and establish its own Standing Orders, as well as procedures for questioning its Members, in a manner that does not contradict the provisions of this Basic Law or general constitutional principles. The Council shall be solely responsible for maintaining order and security during sessions and committee meetings. Security personnel may not be present in the Council premises unless requested by the Speaker or by a Committee Chair, as the circumstances may require.
Article 52
The President of the Palestinian National Authority shall open the first ordinary session of the Council and deliver an opening address.
Article 53
- Council Members may not be questioned in civil or criminal proceedings due to opinions they express, facts they mention, their voting in Council sessions or committee meetings, or because of any action they undertake outside the Council in the course of performing their parliamentary duties.
- No Member shall be interfered with in any manner, nor shall any search be made of a Member’s luggage, home, place of residence, car, office, or any real estate or movable property belonging to the Member, throughout the period of immunity.
- No Member of the Legislative Council shall be required during the period of membership, or subsequently, to testify on any subject regarding Council-related actions, statements or information obtained as a result of membership in the Council, unless the Member voluntarily agrees to do so and has the prior consent of the Council.
- No penal measures shall be taken against any Member of the Legislative Council unless a Member is found red-handed in the commission of a crime. The Council shall be notified immediately about measures taken against a Member so that the Council may decide upon its proper course of action in the matter. The Office of the Council shall assume this responsibility if the Council is not in session.
- A Member of the Legislative Council shall not relinquish parliamentary immunity without the prior permission of the Council. Immunity shall not lapse after membership in the Council ceases but shall be subject to the limits prevailing during the membership period.
Article 54
- A Member of the Legislative Council may not exploit Council membership in any type of private business or in any manner whatsoever.
- Members of the Legislative Council shall present financial statements for themselves, their spouse and their minor children that detail their wealth, including real estate and movable property both inside Palestine and abroad, as well as debts. These statements shall be kept in sealed confidential envelopes at the High Court of Justice and may not be accessed unless permitted by the Court and within the limits it allows.
Article 55
Allocations, rights and obligations of the members of the Legislative Council and Ministers shall be determined by law.
Article 56
Each Member of the Council shall have the following rights:
- To submit to the executive branch all legitimate requests necessary to enable the Member to carry out parliamentary functions.
- To propose laws. Rejected proposals may not be resubmitted within the same term.
- To address inquiries and interpellations to the government, to any Minister or to others of similar rank. Interpellations may only be discussed seven days after submission, unless the addressee agrees to reply immediately or within a shorter period. However, the seven-day period can be shortened to three days in urgent cases and with the approval of the President of the National Authority.
Article 57
- Following an interpellation, a minimum of ten Members of the Council may submit a request to withdraw confidence from the government or from any Minister. Voting on such a request may not be held earlier than three days after submission. A decision may be issued by approval of the majority of the Council’s Members.
- Withdrawal of confidence shall result in termination of the term of the party from whom confidence was withdrawn.
Article 58
The Council may form special committees or entrust one of its committees to conduct information gathering and fact-finding regarding any public matter or regarding any public institution.
Article 59
The Legislative Council shall approve the General Development Plan. The law shall specify the way to prepare and present the Plan to the Council.
Article 60
The law shall regulate the specific rules governing the preparation and approval of the general budget and disbursement of funds appropriated in it, as well as any attached budgets, developmental budgets, budgets for public institutions and services, and budgets for any project in which the government’s investment comprises at least 50% of its capital.
Article 61
Taking into consideration the provisions of Article 90 of this Basic Law:
- The government shall present the draft budget to the Legislative Council at least two months prior to the start of the fiscal year.
- The Legislative Council shall convene a special session to discuss the annual draft budget. It shall either ratify it with the necessary amendments prior to the start of the new fiscal year or send it back to the government, within a period not exceeding one month from the date of receipt. The returned draft budget shall include the Council’s observations so that its requirements can be fulfilled and the draft budget resubmitted to the Legislative Council for approval.
- The Council’s voting on the general budget shall be title by title.
- Transfer of funds between the various budget titles is not permitted unless it is agreed upon between the Legislative Council and the Executive branch.
Article 62
The final accounts of the National Authority’s budget shall be presented to the Legislative Council no later than one year after the end of the fiscal year. The Council shall vote on the final accounts title by title.
