On Oct. 20, 2026, Lebanon’s Constitutional Council issued a unanimous decision accepting a review submitted by Joseph Aoun, striking down Article 3 of Law No. 71 and voiding two specific phrases from Articles 19 and 27 of the same legislation. Law No. 71, enacted on Sept. 10, 2026, was designed to amend portions of Law No. 23 from August 2025 concerning the reform and reorganization of banks in Lebanon. Headed by Council President Judge Tannous Mechleb, the constitutional body based its ruling on a detailed study of the review submitted on Sept. 22, 2026, alongside parliament’s discussion minutes and the audio recording of the legislative session.
Constitutional Council Voids Article 3 Over Voting Flaws
The Council ruled that Article 3 failed to secure the required absolute majority during parliamentary voting. According to the constitutional review, an initial amendment proposal aligned with the Finance and Budget Committee’s formula was defeated, but lawmakers failed to read or put any alternative text to a vote despite multiple requests from representatives. The legislation consequently passed in its committee-amended form minus Article 3. This targeted invalidation leaves the original Article 3 of the 2025 Bank Reform Law intact, averting a legislative vacuum while rejecting the disputed amendment.
Did You Know? Joseph Aoun submitted the formal challenge against Law No. 71 on Sept. 22, 2026.
Judicial Oversight Restored on Travel Bans and Immunity
Beyond striking down Article 3, the unanimous decision dismantled provisions in Articles 19 and 27 that infringed upon judicial authority and personal freedoms. The Council voided the phrase إضافةً إلى قرار منعهم من السفر
from Article 19, which had empowered administrative bodies such as the Higher Banking Commission, liquidators, and liquidation committees to issue travel bans against top shareholders, board members, and senior bank executives based purely on serious suspicions. The court ruled that restricting personal liberty and freedom of movement requires an independent judicial decision with full defense rights, making administrative travel bans a violation of the separation of powers. Similarly, the Council struck down protection clauses in Article 27 shielding bank employees complying with Higher Banking Commission directives from any judicial proceedings, determining that absolute immunity legally confused liability exemptions with a total bar on citizen access to courts under Article 20 of the Constitution.
Ministers Forge Consensus Formula for Bank Reform Legislation
Discussions among the Prime Minister, the Ministers of Finance and Economy, and the Governor of Lebanon had previously produced a consensus formula explicitly referencing the Code of Money and Credit, which also secured the approval of the International Monetary Fund. The constitutional challenge argues that the bank reform legislation constitutes a special and automatic statute, whereas the Code of Money and Credit functions as a framework law under comparative jurisprudence. This distinction requires subsequent sectoral legislation affecting regulated domains to be interpreted in light of that framework unless the legislature explicitly provides otherwise. The President’s referral of the text sparked broader debates concerning the separation of powers, the role of the central bank within regulatory frameworks, and the responsibilities of the central bank’s central board versus specialized bodies. Critics challenged the President’s use of a constitutional prerogative to verify legislative soundness, while defenders argued the referral ensures respect for parliamentary will and institutional order rather than obstructing structural banking reforms.
Official Notification and Publication in the Official Gazette
The decision requires formal notification to the President, the Speaker of Parliament, and the Prime Minister, before its mandatory publication in the Official Gazette.
Constitutional Council Voids Travel Ban Provisions
When did the Constitutional Council issue its ruling?
The Council issued its unanimous decision on Oct. 20, 2026, under the leadership of Judge Tannous Mechleb.
Which specific articles of Law No. 71 were challenged and struck down?
Joseph Aoun challenged Article 3, which the Council completely voided alongside specific phrases in Articles 19 and 27.
What justification did the Council provide for voiding the travel ban provisions?
The Council ruled that administrative bodies cannot restrict personal liberty and freedom of movement without an independent judicial decision that guarantees due process.