The Palestinian Council, its Executive Authority and the President of the Palestinian National Authority - Institutions and competences


On January 20, 1996, Palestinians in the West Bank, including Jerusalem, and in the Gaza Strip are called upon to participate in the first Palestinian elections. Electors will have to fill two ballot papers: one for the President of the Palestinian National Authority, and the second for the Palestinian Council. The President and the Council will be elected for a transitional period in which a final agreement with Israel has to be negotiated. This transitional period - according to the agreements already reached with Israel - should not exceed May 1999.

The Council will have 88 members, with the President becoming ex officio its 89th member. The Council has legislative and executive powers. It will formulate and conduct Palestinian policies in the spheres within the jurisdiction of the Council, which include for example economic affairs and development, education, local government and health. The Council will also supervise the implementation of these policies. One of the most important tasks will be the formulation of the Palestinian positions for the upcoming negotiations with Israel for the permanent settlement as envisaged in the Declaration of Principles. These negotiations will include issues such as Jerusalem, settlements, refugees, borders and security arrangements. The Interim Agreement, signed on September 28, 1995, also provides that the Palestinian Liberation Organisation (PLO) may conduct and sign agreements with states and international organisations for the benefit of the organisations concerning economic co-operation as well as cultural, scientific and educational matters.

The Council is also responsible for internal security and public order in the populated areas as specified in the Interim Agreement. The Council therefore is establishing a strong police force. To coordinate on security matters, Palestinians and Israelis established a Joint Coordination and Cooperation Committee for Mutual Security Purposes as well as corresponding regional and district institutions. The Council will elect its own President from among its members, who will convene and conduct its meetings and draft its agenda. This position is incompatible with the position of the President of the Palestinian National Authority.

The Council will have an executive authority, the Palestinian National Authority. This authority - headed by the President of the Palestinian National Authority who will also be elected on January 20, 1996 - will exercise the executive power in the spheres under the responsibility of the Council and report back to the Council. Most of the members of the National Authority will be members of the Council, chosen and proposed to the Council by the President and approved by the Council. The President also has the right to appoint some persons to the National Authority, who are not members of the Council, to exercise executive authority and participate in government tasks. The number of these persons shall not exceed twenty percent of the total membership of the National Authority. The members appointed by the President do not have the right to vote in the Council.

The President of the Palestinian National Authority has the power to initiate legislation or to present the proposed legislation to the Council. He also has the power to promulgate the laws approved by the law. The President has the right to issue regulations and secondary legislation relating to any matters specified and within the scope laid down in any primary legislation approved by the Council.

The President assigns portfolios to the members of the National Authority and may hold at the same time any specific portfolios with executive powers. He and the other members of the Authority are accountable to the Council. The President will report periodically to the Council about his policies, implementation of his political programme, and in general about the activities of the National Authority.

The Council has the right to question the President, to criticise his activities, and vote against laws proposed by the President and the National Authority. The President shall however not be subject to votes of no-confidence by the Council. The Council may however hold a no-confidence vote against any other member of the National Authority. If such a vote is approved, the President shall remove the member from office. The President does not have the power to change the organization or structure of the Council or to dissolve the Council.


Comments Central Election Commission PLANET