Stages of Drafting Laws
Federal laws are the main tool for implementing the provisions of the Federal Constitution. They are concerned with organizing matters of strategic importance in the State, regulating the relations between the State and its institutions, regulating the relations of the State and its institutions with individuals and regulating the relations of individuals with each other.
The draft process of Federal Law passes through several stages in order to become a law in force. These stages are:
1. Proposal:
Refers to the stage where the Council of Ministers proposes federal draft laws pursuant to the provisions of Article 60 (2) of the Constitution, being the only body empowered to propose draft federal laws in the State. It also includes the idea of proposing draft federal laws, “preparing the draft law”, that is to put it in specific legal texts, pursuant to the provisions of Article ( 110/2 /a ) of the Constitution, which entrusted the task of preparing draft federal laws to the Council of Ministers.
2. Presentation to the FNC:
Refers to the stage where the draft law is referred to the FNC for discussion, pursuant to article 110 (2) (a) of the Constitution, which stipulates that the Council of Ministers shall prepare the draft law and submit it to the FNC.
3. Discussion:
Refers to the stage where the FNC discusses the draft law after being referred to by the Council of Ministers. In such a case, the FNC may approve, amend or reject the law, pursuant to the provision of Article 89 of the Constitution.
4. Approval and ratification:
Refers to the stage where the new law – after being discussed by the FNC – is raised to H.H the President of the State for approval, and then submitted to the Supreme Council of the Union for ratification.
5. Signing and Issuance:
Refers to the stage where the President of the State signs the new law and issues it after its ratification by the Supreme Council of the Union.
6. Deployment and effectiveness:
Refers to the stage where the federal law is published in the Official Paper of the Federation after being signed and issued by H.H the President. In this regard, Article 111 of the Constitution stipulates that the publishing process shall take place no later than two weeks from the date of its signature and issuance by the President of the State, and shall come into force one month after the date of its publication in the Official Paper, unless otherwise provided.