SAWT BEIRUT INTERNATIONAL

| 20 April 2024, Saturday |

Aoun rejected the two laws, one related to the establishment of a union of psychologists and the other to the insurance companies

President of the Republic, General Michel Aoun, signed Decree No. 8039 (July 28, 2021), to refer the law establishing a psychologists syndicate in Lebanon, to the Parliament for reconsideration. This law had been ratified by the Parliament on June 30, 2021.

Law Text & Reasons for Rejection:

“The President of the Republic,

Pursuant to Article 57 of the Constitution,

Referring to the law relating to the establishment of a psychiatric association in Lebanon,

Since this requested law has limited, in its second article, the authority of the clinical psychologist to carry out clinical interventions to those that do not exceed ten sessions, while it is not possible in advance and in all cases to determine the number of sessions needed for treatment.

And since this law that is required to be reviewed has authorized, in its 4th article, the practice of the profession of psychologist for anyone who has practiced this profession for more than 7 years without having a certificate in clinical psychology, after undergoing an examination and a qualifying course that entitles him to obtain a certificate in specific subjects.

And since Law No. 8 of February 10, 2017 (regulating the profession of psychologist in Lebanon) had stipulated in its ninth article that “A person who practices psychology as a profession shall be punished by imprisonment from 3 to 6 months, in addition to a fine from 500,000 to 4,000,000.

And since what is included in the law that is required to be reviewed also contradicts the principle of clarity of legal texts, it is not possible under the title of establishing a union for psychologists to put texts related to the practice of the profession of psychology, which the legislator had dealt with in Law No.8 (February 2, 2017), and didn’t allow practicing the profession for those who do not acquire the required university degree, because of the risks that this poses to humans and society, given the accuracy of the profession that is regulated.

And since the law in respect of which a review is required has prohibited in Article 33, the combination of a psychologist and other jobs, without exception for jobs that by nature require the occupant to be a psychologist registered in the union or teaching within appropriate methods.

And after informing the Prime Minister, who represents the government in accordance with Article 64 of the Constitution, given that the Council of Ministers has not convened within the deadline for a request to reconsider the laws which cannot be rejected by the aforementioned Council.

Article 1: The law relating to the establishment of a psychiatric association in Lebanon, ratified by the Parliament on June 30, 2021, and submitted to the government on July 6, 2021, was returned to the Parliament for reconsideration.

Article 2: The Prime Minister is charged with implementing the provisions of this decree.

Baabda,

July 28, 2021.

Issued by President of the Republic: Michel Aoun

Prime Minister

Signature: Hassan Diab.

Law of Obligating Insurance Companies:

The President also signed Decree No.8040 of July 28, 2021, which stipulates returning the law relating to obligating insurance companies to pay part of the funds resulting from all guarantee contracts as fresh money, to the Parliament for reconsideration. This law had been ratified in the Parliament on the June 30, 2021 session.

Re-establishing the law obligating insurance companies operating in Lebanon to pay part of the funds resulting from all guarantee contracts as fresh money.

“The President of the Republic,

Pursuant to the Constitution, in particular Article 57,

In addition to the “law to compel insurance companies operating in Lebanon to pay part of the funds resulting from all guarantee contracts as fresh money”,

Since the principle of equality in rights and duties among all citizens without distinction or preference is a textual constitutional principle, and it was mentioned in the introduction to the constitution, as well as in Article VII. It is a principle that is legally enforced in similar legal situations, and is not valid in different legal situations,

Based on the jurisprudence of the Constitutional Council in the context of numerous decisions issued by it and binding on all authorities,

Since the jurisprudence of the Constitutional Council has also settled on considering the unintelligible legal texts “Lois Inintelligibles” invalid, on the basis that the formulation of the law must be accurate and clear, as there is no jurisprudence in the context of the text, especially in the narrow-interpretation of exceptional and temporary laws that give rise to obligations or rights finances belonging to individuals or legal persons,

And since the exceptional and temporary measure (for three years subject to a reduction in amendment), which is stipulated under “First” in the above-mentioned law, restricts in a principled, general and unusual way the will of the contracting parties in insurance contracts, which requires the utmost precision in formulating this law in order for it to become acceptable, valid and applicable,

Since what is stated under “Fifth” in the aforementioned law is not clear at all, as insurance contracts are linked to more than one “Traité de reassurance” treaty, and it may be impossible to ask a reinsurer to accept the principle of distributing a right of the aggrieved to all beneficiaries of insurance contracts in a relative manner, and they are in different contractual and therefore legal situations, especially under an optional reinsurance treaty or special treaties called Excess Loss or Stop Loss, which are the most reliable in medical and hospital insurance, for example, noting that the payment of compensation under medical and hospital insurance contracts is directly to care providers.

It is not permissible to legally establish rights on a presumed acceptance of reinsurers to amend their contracts with insurance companies operating in Lebanon,

Since, in addition to all what was previously mentioned, reinsurers (not brokers) take the initiative to deduct part of their dues from Lebanese companies from their dues resulting from reinsurance due to the inability of insurance companies to pay the mentioned dues, for the benefit of reinsurers (not intermediaries) in light of the current banking restrictions, in addition to the fact that there is a question which arises by itself and doesn’t find an answer to it in the body of the law, and it relates to how to distribute the fresh money to the insured who previously received compensations for accidents which occurred during the contractual year, and they have signed a release from liability, while the accounting took place between insurance companies and reinsurers (which takes place quarterly or annually).

And since protecting the rights of believers and the health sector is a necessary and essential protection, especially in light of the severe fluctuations in the Lebanese pound exchange rate and the control of new concepts and reference values over commercial and financial dealings, this requires the formulation of a clear accurate and easy-to-implement law with regulatory decrees set by the Economy Ministry.

The law didn’t achieve its objectives, and it was impossible to resolve complex judicial disputes between insurers and insurance companies and/or foreign reinsurance companies directly or by including them in those judicial disputes.

And after informing the Prime Minister who represents the government in accordance with Article 64 of the Constitution, given that the Council of Ministers has not convened within the deadline for a request to reconsider the laws which cannot be rejected by the mentioned Council.

Article 1: The law relating to “Obligating insurance companies operating in Lebanon to pay part of the funds resulting from all guarantee contracts as Fresh Money” was returned to the Parliament,

The law was ratified by the Parliament on June 30, 2021, and submitted to the government on July 6, 2021, for revision.

Article 2: The Prime Minister is charged with implementing the provisions of this decree.

Baabda,

July 28, 2021

Issued by President of the Republic,

Signature: Michel Aoun

Prime Minister,

Signature: Hassan Diab

MP Sehnaoui:

The President met MP, Nicolas Sehnaoui, today at the Presidential Palace.

The meeting tackled current governmental developments, developmental issues, in addition to the needs for 1st Beirut district, especially the region which was damaged due to last year’s Port explosion.

    Source:
  • Sawt Beirut International