Institutional Stability and Administrative Decentralization (A Legal Approach) (A Comparative Study Between Laws No. 130 of 1972 and No. 59 of 2012 Concerning Local Administration)

Abstract

This study presents a legislative evaluation of the legal framework governing local administration in Libya, by conducting a comparative legal analysis between Law No. 130 of 1972 and Law No. 59 of 2012, in order to assess the adequacy of statutory provisions in establishing institutional stability for local units. The research problem stems from questioning the extent to which Law No. 59 of 2012 has succeeded in providing guarantees of financial and administrative autonomy and preventing administrative overlaps, as well as the feasibility of drawing upon the legislative legacy of Law No. 130 of 1972 as a model for enacting sustainable legal amendments. The study relied on the foundational analytical approach to the text of both statutes, comparing manifestations of autonomy with centralized supervision. The study concluded that Law No. 59 of 2012 was flawed by shortcomings and ambiguities in the allocation of competencies and the separation of local public utilities from national ones, in addition to the deepening of centralization resulting from the enactment of Law No. 9 of 2013, which froze the governorate tier. Practical application also revealed that institutional stability was adversely affected by political division and the reliance on temporary steering councils. The study recommends amending the current law by merging local administration tiers, simplifying tax collection mechanisms, and establishing strict controls to limit the replacement of elected councils with appointed ones.