The President of the Palestinian National Authority (Arabic: رئيس السلطة الوطنية الفلسطينية) is the highest-ranking political position (equivalent to head of state) in the Palestinian National Authority (PNA). The President appoints the Prime Minister of the Palestinian National Authority, who normally requires approval of the Palestinian Legislative Council, and who shares executive and administrative power with the President.
.svg) |
|---|
| This article is part of a series on the politics and government of Palestine |
|
Officeholders whose status is disputed are shown in italics |
|
|
|
National symbols |
|
Legislative Council |
|
National symbols |
|
Palestinian National Authority (PNA or PA) was created by the 1994 Gaza–Jericho Agreement. The 2002 Basic Law, passed by the PLC in 1997, but only ratified by President Yasser Arafat in 2002, originally established a presidential system, which granted the elected President the exclusive power to appoint and remove Ministers and to preside over the meeting of the Council of Ministers (Art. 62). Ministers were to be approved by the Legislative Council.[1]
Under pressure from the international community and from within his own party, Fatah, Arafat appointed a Prime Minister (PM) on 19 March 2003.[2][3] Accordingly, the Basic Law was amended the day before and the political system was transformed into a semi-presidential one, meaning that President and PM were collectively responsible to the PLC.[4] Effectively, the President was compelled to relinquish some of his executive and administrative powers to the Prime Minister. Powers and responsibilities (Basic Law)The 2003 Amended Basic Law limits the Presidential powers:[5]
The 2003 Amended Basic Law stipulates that the President has the power to appoint and dismiss the Prime Minister (Art. 45) and the PM is accountable to the president and to the Legislative Council, and the Ministers are accountable to the Prime Minister (Art. 74). A new Government is subjected to a vote of confidence by the PLC (Art. 66). The Prime Minister chairs the Council of Ministers (Art. 68).[4][5] Under the 2002 Basic Law, the President presided the Council of Ministers. The President -
Elections and termsThe term of the first president was envisioned to cover the interim phase. The second president would be elected in a general and direct election by the Palestinians in the occupied Palestinian territories. An interim period of five years was defined in the Oslo I Accord and started on 4 May 1994. The first President of the PA was accordingly appointed on 5 July 1994[7] and elected on 20 January 1996 for the period ending 4 May 1999. Article 34 of the 2003 Amended Basic Law states:
The introduction of the Amended Basic Law refers to the Oslo Accords. Article III.3 of the Oslo II Accord determines:
The Basic Law (the first version originally passed in 1997, but only ratified by President Yasser Arafat in 2002) refers to the interim period as defined in the Oslo Accords, although the interim period had already ended. Article 36 reads:
Since the original Basic Law was designed only for the interim period as specified in the Oslo Accords—a period that was supposed to end in 1999—there was no provision for re-election.[9] 2005 AmendmentThe 2005 Amended Basic Law, issued on 13 August 2005, changed the President's term from "the interim phase" to "four years" and restricted the position to two consecutive terms.[10] The law also fixed the term of the Palestinian Legislative Council to four years, in line with Article 2 of the 2005 Elections Law No. 9, also issued on 13 August 2005, which additionally stipulates that the secret and free direct elections of President and Council members shall be held simultaneously.[11] Furthermore, the 2005 Amended Law determines that "the term of the current Legislative Council shall terminate when the members of the new elected Council take the constitutional oath." The first four year-term would thus start with the next Council. In 2005, the "current Legislative Council" was the one elected on 20 January 1996. Given the stipulation that "The President and the council members shall be elected simultaneously" (Elections Law), this means that the new Presidential term would start with the election of the new Council.[9] The 2005 Amended Basic Law was promulgated on 13 August 2005 by Mahmoud Abbas in his capacity of Chairman of the Executive Committee of the Palestine Liberation Organization and of President of the Palestinian National Authority. The Presidential and Parliamentary terms dilemmaThe 2005 Basic Law amendment fixes a four-year term for both President and Parliament, while the 2005 Elections Law (Art. 2) determines that both are elected simultaneously. But a half year before the laws were signed, President Arafat had died, and Mahmoud Abbas was elected President, whereas the old parliament remained in function. To synchronize both terms, the lawmakers chose to stick the Presidential elections on the elections of the second Legislative Council (Elections Law Art. 111). Contrary to the Elections Law, no Presidential elections took place but instead Abbas, elected in 2005, remained in function. Nathan Brown argued that it was, in theory, a single election held on two different dates. However, it is debatable whether Abbas' first term started in 2005 or in 2006, while he took the presidential oath in January 2005. Elections for the second Legislative Council were on 25 January 2006. According to the law, the four-year term of both President and Parliament would thus start at that date (2005 Elections Law, Art. 2).[9] In July 2008, the Ramallah-based "Fatwa and Legislation Office" issued a legal opinion on the presidential term of Mahmoud Abbas. It ruled that, based on Basic Law and Elections Law, the current term should be extended with one year, thus until 25 January 2010, the end of the current legislative term.[12] Since the June 2007 Fatah, Arafat appointed a Prime Minister (PM) on 19 March 2003.[2][3] Accordingly, the Basic Law was amended the day before and the political system was transformed into a semi-presidential one, meaning that President and PM were collectively responsible to the PLC.[4] Effectively, the President was compelled to relinquish some of his executive and administrative powers to the Prime Minister. The 2003 Amended Basic Law limits the Presidential powers:[5]
The 2003 Amended Basic Law stipulates that the President has the power to appoint and dismiss the Prime Minister (Art. 45) and the PM is accountable to the president and to the Legislative Council, and the Ministers are accountable to the Prime Minister (Art. 74). A new Government is subjected to a vote of confidence by the PLC (Art. 66). The Prime Minist The 2003 Amended Basic Law stipulates that the President has the power to appoint and dismiss the Prime Minister (Art. 45) and the PM is accountable to the president and to the Legislative Council, and the Ministers are accountable to the Prime Minister (Art. 74). A new Government is subjected to a vote of confidence by the PLC (Art. 66). The Prime Minister chairs the Council of Ministers (Art. 68).[4][5] Under the 2002 Basic Law, the President presided the Council of Ministers. The President -
|
