Legislation and Legal Opinion Commission Law
We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain.
Having reviewed the Constitution, in particular, Article (38) thereof,
Law No. (60) of 2006 regarding the reorganization of the Legislation and Legal Opinion Commission, as amended,
And upon the submission of the Prime Minister
And after the approval of the Council of Ministers,
The Legislative and Legal Opinion Commission is an independent body of a judicial nature that has legal personality and is represented by its President before the courts and its relations with third parties, hereinafter referred to as "the Commission".
The Commission shall have an independent budget, which shall include a single figure in the State's budget; the decisions and regulations relating thereto shall be drawn up by the Council of the Commission.
The Commission is generally responsible for providing legal opinions and preparing and drafting legislations and it shall, in particular, undertake the following tasks:
- 1) Developing proposals to amend the constitution and proposals for laws referred by the Shura Council and the Council of Representatives to the government in the form of a draft amendment to the constitution or a draft law. The Commission shall submit the proposal, after drafting it, to the government within three months from the date of its referral to it so that the government can express its comments on it and submit it to the Council of Representatives within the periods specified in Article 92 of the Constitution.
- 2) Preparing and drafting draft laws referred to by the Cabinet or the competent ministries, as well as decrees, regulations, and executive decisions of the laws.
- 3) Interpreting the texts of laws and decrees by laws, based on a request from the Prime Minister, the Speaker of the Shura Council, or the Speaker of the Council of Representatives.
- 4) Settle any dispute over the interpretation of a text in laws or decrees of laws between the government represented by the Cabinet and the Shura Council and the Council of Representatives, or one of them, or between the two councils. The decision issued shall be reasoned and binding on the parties if it is issued based on their request.
- 5) Expressing an opinion on legislative and other legal matters that the Speaker of the Council of Representatives or the Speaker of the Shura Council deems appropriate to refer to it because of their importance.
- 6) Preparing and reviewing the forms of international treaties and agreements that the state concludes or joins, to ensure that they do not violate the constitution, that they do not conflict with the state’s sovereignty, and to clarify the extent of their agreement with applicable laws, decrees, and regulations, and to express an opinion on the legal procedures necessary to conclude or join these international treaties and agreements.
- 7) Expressing a legal opinion on matters referred to it directly from the Cabinet, or from ministries, institutions and public bodies after the approval of the Cabinet, which relate to the application of applicable laws, decrees, regulations and executive decisions.
- 8) Settle any dispute between ministries, institutions, public bodies, or between these bodies and each other, after the approval of the Cabinet, as well as disputes between independent bodies regulated by law, or between them and other ministries, institutions, or public bodies. The decision issued in these cases are reasoned and binding on the parties if it was issued at their request.
- 9) Expressing an opinion on contracts concluded by ministries, institutions, public bodies, and entities subject to the law regulating government tenders, auctions, purchases, and sales, regarding the legal issues they raise. It is not permissible for any of the ministries, institutions, public bodies and entities referred to in the previous paragraph to conclude a contract whose value exceeds three hundred thousand dinars without reviewing it with the Commission.
- 10) Reviewing the incorporation contracts and bylaws of commercial companies that the law stipulates that their incorporation should be by decree.
- 11) Compilation of international laws, treaties and agreements issued in the country or in force therein.
- 12) Representing the state or participating in its representation in international and local conferences and seminars to discuss international laws, treaties and agreements, if assigned to do so.
The Commission shall be composed of a President, a Vice President, and a sufficient number of Senior Counselors, Counselors and Assistant Counselors.
A royal order shall be issued to specify the names, grades, salaries, allowances, bonuses, and financial benefits of the members of the Commission, and a decision of the President of the Commission shall be issued regarding the Regulation of the organization of all functional affairs of the members of the Commission, after the approval of the Board of the Commission, in accordance with the nature of the work of the Commission.
And the Commission's members' retirement date shall be the age of seventy.
And the Commission shall be assisted in its work by a sufficient number of legal researchers and administrative employees, for which the Civil Service law shall apply.
A member of the Commission shall be required to:
a) To be Bahraini, and a member of an Arab State may be appointed.
b) Be fully qualified.
c) Have a Licentiate degree or bachelor's degree in law from a recognized university.
d) Have exhibited good conduct and enjoy a good reputation.
e) Not previously sentenced to criminal or disciplinary offences against dishonor or integrity, even if rehabilitated
f) To have spent at least fifteen years engaged in legal work for appointment to position of Senior Counselor, ten years for appointment to a category (a) counselor, six years for appointment to a category (b) counselor, and two years for appointment of an assistant counselor.
g) To pass the examination and the course of rapporteurs to assume the Commission's professional functions, and the Board may exempt from this requirement those with legal expertise in accordance with the regulations established by the Board.
The President of the Commission and the Vice-President of the Commission shall be appointed by Royal Order determining their respective grades. The other members of the Commission shall be appointed by Royal Orders on the recommendation of the Commission's Council.
Non-Bahrainis Members of the Commission shall be appointed by means of contracts, and all provisions of this Law, Regulations, Decisions and Regulations issued shall apply to them.
Subject to the provisions of Article Seven of this Law, the Board of the Commission shall be formed under the chairmanship of its President and the membership of the vice presidents, and the directors of directorates provided for in clause no. (1), (2), and (3) of Article seven of this Law, and in the absence of one of them or in case of any hindering circumstances, the oldest member of the Commission shall replace him.
The Commission shall exercise its professional functions autonomously, and all matters relating to the exercise of these functions shall not be interfered with, and the members of the Commission shall only be subject to their professional work by their superiors.
For its administrative and financial affairs, the President of the Commission shall have the powers conferred upon the Minister by laws and regulations.
The Commission is formed by the following directorates:
1- Legal Opinion and Research Directorate
2- Legislation and Official Gazette Directorate
3- Agreements, International Treaties & Contracts Directorate
4- Human & Financial Resources Directorate
Other directorates may be added to the Commission by a Decree. The Decree specifies the terms of reference of these directorates and whether their directors are part of the formation of the Commission's Board.
Directors of the directorates constituting the Board of the Commission shall be appointed from among its members by the President of the Commission with the approval of the Commission’s Board.
A translation body shall be attached to the Commission, which undertakes the translation of Laws, Decrees, Regulations, Decisions, International Treaties, Conventions and Legal Documents, which the Council of Ministers, Ministries, the Minister of Justice or the President of the Commission deem necessary or useful for their translation into or from Arabic into foreign languages.
A Council of Opinion and Legislation shall be formed in the Legislative and Legal Opinion Commission chaired by the President of the Commission, the membership of the Vice-President and a sufficient number of the Commission’s Consultants. This Council shall be constituted by a Decision of the President of the Commission.
Anyone requesting an opinion may himself attend the meetings of this Council or appoint any expert to attend them. The President of the Commission may also request the relevant authorities to nominate those whom they deem to attend the meetings of the Council, and none of them shall have the right to vote.
The Council of Opinion and Legislation is competent to adjudicate on the following matters:
- 1) Disagreement about the interpretation of Laws or Legislative Decrees between the Government represented by the Cabinet and the Shura and the Representative Councils, or one of them, or between the two Councils. The Decision issued shall be justified and binding on the parties if it has been issued at their request.
- 2) Disagreement between Ministries, Institutions or public bodies or between these entities and each other, after the approval of the Cabinet, as well as disagreement between independent bodies regulated by law or between them and other Ministries, Institutions or public bodies. The Decision issued in these cases shall be justified and binding on the parties if it has been issued at their request.
- 3) Matters in which one of the Commission’s Directorates considers an opinion that contradicts an opinion issued by another Directorate or by the Council of Opinion and Legislation.
- 4) Review Draft Laws and Legislative Decrees, Decrees, Regulations and other matters and subjects referred to them by the President of the Commission.
The Council of Opinion and Legislation shall establish internal Regulations of the Legislation and Legal Opinion Commission’s work system, which shall be issued by a Decision by the Commission’s President after the approval of the Commission’s Board.
Legislative Decree No. (11) of 1972 regarding the Establishment and Organization of the Department of Legal Affairs shall be repealed, as well as any provision contrary to the provisions of this Law.
The Prime Minister and the Ministers, each within his jurisdiction, shall implement the provisions of this Law, and it shall come into force from the day following the date of its publication in the Official Gazette.
King of the Kingdom of Bahrain
Hamad bin Isa Al Khalifa