Libya's Supreme Court annuls four HoR laws

On January 28, 2026, the Constitutional Chamber of the Libyan Supreme Court declared four laws enacted by the House of Representatives (HoR) unconstitutional. This ruling targets measures that had reshaped judicial governance and attempted to reverse legislation issued during the 2014–2016 institutional split. The annulled laws include:

• Law No. 22 of 2023 on Amending the Law on the Judicial System: This law had granted the HoR the authority to appoint the head of the Supreme Council of Judicial Bodies, the apex administrative authority within the judiciary.
• Law No. 23 of 2023 on the Reorganization of the Supreme Court: This legislation had restructured the Supreme Court, altering its composition and jurisdiction.
• Law No. 24 of 2023 on the Establishment of the Constitutional Court: This law had created a separate Constitutional Court, aiming to delineate constitutional adjudication from the Supreme Court's responsibilities.
• Law No. 25 of 2023 on the Organization of the Judiciary: This enactment had introduced changes to the organization and functioning of the judiciary at various levels.

The Supreme Court's decision is poised to carry significant political and legal consequences. By invalidating these laws, the Court effectively reinstates the legal framework that existed prior to their enactment, likely reviving the 2016 Civil Code amendments. This move underscores the judiciary's role in maintaining the balance of power and upholding constitutional principles amidst Libya's complex political landscape.

Legal experts suggest that the ruling may lead to a re-evaluation of legislative actions taken during periods of political division, emphasizing the need for adherence to constitutional procedures in lawmaking. The decision also highlights the ongoing challenges in Libya's legal system, where competing authorities have enacted conflicting laws, contributing to legal uncertainty.

As the nation continues its transition, the Supreme Court's intervention serves as a reminder of the judiciary's critical function in safeguarding the rule of law and ensuring that legislative processes align with constitutional mandates. Observers will be closely monitoring the implementation of this ruling and its impact on Libya's legal and political environment.