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3. Is Salam Breaking the Law by Withholding Key Legislation Like Mikati?

Over a year after former Prime Minister Najib Mikati refused to publish three laws approved by Parliament – the non-residential rental law, the compensation law for private school faculty, and a 650 billion LBP advance for the teachers’ pension fund – a recent report from the State Shura Council determined that Mikati had exceeded his authority by rejecting and failing to publish these laws. Despite this, the laws remain pending in Prime Minister Nawaf Salam’s office, even though he is fully aware of the report and its findings, which clearly confirm the legal violation. This situation is particularly troubling given the precedent set when Mikati’s government initially issued the laws, only to later retract them – an unprecedented constitutional breach which legal experts agree violated both the laws and the legislative process. The essential procedural step of publishing the laws, which is crucial for their enforcement, was notably skipped.

Salam is fully aware, according to sources, that a violation has occurred and the matter is clear. However, the question remains: why has he not yet acted to publish these laws? Sources suggest that after reviewing the case and drawing on his judicial background, Salam is convinced that the laws should be published. Yet, some appear to be attempting to hinder the process, hoping Parliament will find a way to resolve the issue without embarrassing Mikati or acknowledging his violation. Notably, the joint parliamentary committees had recommended in their report that the laws be published in the Official Gazette – yet Mikati ignored this request, offering only a brief statement expressing respect for judicial decisions without taking any tangible action.

All eyes are currently on Salam, as he has promised to uphold the Constitution and enforce the laws. Will he swiftly act to publish the three laws, or will he opt for a compromise, following his predecessor’s approach to managing state affairs?

According to sources, the issue will be urgently raised tomorrow when Nehme Mahfoud, the head of the Private School Teachers Syndicate, visits Minister of Education Rima Karami with a delegation from the syndicate. They hope for a positive response regarding the publication of the compensation and financial advance laws before announcing a series of actions. Sources from the syndicate indicate that Mahfoud had waited for the government formation and his visit to the prime minister, and that enough time has passed since the State Shura Council’s report for the laws to be published.

Meanwhile, Patrick Rizkallah, the head of the Property Owners Syndicate, will visit the prime minister tomorrow with a delegation to discuss the same issue and seek a resolution regarding the non-residential rental law. The Shura Council’s report was issued in response to the syndicate’s challenge of the decree rejecting the law. Syndicate sources reveal that property owners are leveraging the Shura Council’s report to pressure for the publication of the law, taking advantage of the legal vacuum to file lawsuits under general law to reclaim non-residential rental units leased before 1992.