POLICY BRIEF Omar Hammady Libya’s constitutional dilemma: Future prospects of the draft permanent constitution Introduction From whatever perspective it is considered, the stalled Liby­an political process boils down to fundamental differences over a number of constitutional issues. As shown else­where, 1 the failed elections in December 2021 faltered over two typical constitutional issues: eligibility criteria for presi­dential candidates and the sequencing of the parliamentary and presidential elections. What has been remarked on less frequently is that these were also the very reasons behind the resistance to the draft permanent constitution adopted in July 2017. This is a reminder that the search for“a consti ­tutional basis for elections”, i.e., an alternative interim ar­rangement, allegedly due to the insurmountable differences over the draft constitution, reflected a kind of political iner­tia, if not a conscious choice by the status quo forces to maintain the transitional phase. Since its adoption by the drafting body, the draft permanent constitution has been sporadically referenced by Libyan pol­iticians—always opportunistically, to serve their immediate political agendas. Facing the real risk of a deal between the two houses that could lead to his replacement, Prime Minister Dbeiba, in his National Day address 2 on 24 December, extensively referred to the draft constitution, stating that a constitutional ref­erendum was the only viable way of replacing his cabinet. Similarly, after enacting a law establishing a(parallel) Su­preme Constitutional Court in December 2022, HoR Speaker Aguila Saleh justified the move by claiming 3 to be imple­menting the draft constitution—despite having always re­sisted it. Throughout 2022/2023, delegations from the HoR and HCS, engaged in negotiations over a constitutional 1  Hammady, Omar(2022). What Went Wrong With Libya’s Failed Elections. Foreign Policy, 18 February. Available at https://foreignpolicy.com/2022/02/18/libya-elec­tions-2021-postponed/ 2  National address by Prime Minister Dbeibah, Hukumatuna, 24 December 2024. Available at https://www.facebook.com/watch/?v=566282546399322 3  Alghad TV, دغلا| قوقحلاو تايرحلا ةيامح ىلع ديكأت ايبيل يف ةيروتسدلا ةمكحملا ءاشنإ:حلاص ةليقع Libya’s constitutional dilemma 1