Dr. Abdul Majeed Suwailem: The decree is a positive step towards restoring and organizing the political system and an opportunity to launch a serious national dialogue

Dr. Dalal Erekat: The President’s Decree Sends a Clear Message to the World That the Palestinian People Choose Their Leadership Through Democratic Mechanisms

Mohammad Hawash: It fills a legal loophole in the Palestinian political reality and ensures a smooth transfer of power in any emergency

Dr. Raed Abu Badawiya: An attempt to fill the political vacuum using “unconstitutional” tools that “violate the national consensus”

Nihad Abu Ghosh: The decree comes in the absence of national consensus and in response to external pressures and may deepen the political crisis

The presidential decree, which specifies that the President of the National Council will assume the presidency of the Palestinian Authority in the event of a vacancy in the position, is a remarkable step in the Palestinian political scene, attempting to address legal loopholes that have persisted for years, amidst a reading that it may outline the features of the next stage and restore the Palestinian political system.

According to writers, political analysts, university professors and specialists, in separate interviews with “I”, this decision has deep political and legal dimensions, as it aims to end the ongoing debate over the mechanisms of the transfer of power, and also opens the door to putting the Palestinian internal house in order in the face of increasing existential challenges.

Writers, analysts, specialists and university professors believe that the decree represents an opportunity to move to a new phase of national dialogue, away from the internal disputes that have disrupted the development of the political system for years. They point out that the timing of the decree is not without significance, as it coincides with profound political and regional transformations, including the escalation of Israeli aggression and changes in the regional scene.

They believe that the decree may be a sign of the Palestinian leadership’s desire to strengthen confidence in national institutions and launch a new phase of political reforms that may pave the way for comprehensive elections that consolidate democracy and unite the Palestinian ranks to face the future.

An opportunity to build on to launch a serious national dialogue

Writer and political analyst Dr. Abdul Majeed Suwailem believes that the presidential decree stipulating that the President of the National Council assume the presidency of the Palestinian Authority in the event that the position of the President becomes vacant, despite talk of pressures prior to its issuance, is a positive step with profound political implications.

He explains that the decree opens the door to the restoration and reorganization of the Palestinian political system in a positive way, away from the sterile legal debate that has continued for a long time in the Palestinian arena, especially about which party should assume the presidency in the absence of the president, between the former Legislative Council or the National Council.

Suwailem points out that ending this controversy allows the Palestinians to focus on the essential issues instead of being preoccupied with internal disputes, considering that the time has come to move beyond these discussions that have added nothing to the Palestinian cause.

Suwailem believes that the decree, despite the legal controversy and external political pressures surrounding it, represents an opportunity that can be built upon to launch a serious national dialogue on the issues of the Palestinian division and find real mechanisms to address the crises of the political system.

Suwailem expects the decree to be a suitable introduction to holding a comprehensive national dialogue workshop that addresses all pending issues, stressing that the formation of national committees and the meetings that took place between the Fatah and Hamas movements, whether in Beijing or in subsequent meetings, could represent the cornerstone for unifying the Palestinian ranks.

Suwailem points out the possibility that national institutions such as the Palestinian Central Council could take the initiative to play a greater role in this framework, to unify the national position to confront the increasing dangers threatening the Palestinian cause.

Suwailem links the timing of the decree’s issuance to the increasing challenges facing the Palestinian people, noting that Israel, led by the far-right forces, seeks to intensify annexation and settlement operations and impose new facts on the ground in the West Bank and Gaza Strip. This Israeli strategy aims to complete control over the Palestinian territories in preparation for implementing larger plans, coinciding with the possible return of Donald Trump to the White House.

He points out that the Israeli plans are not limited to theoretical issues, but include practical projects on the agenda of the current Israeli government, including working to annex parts of the West Bank and cut off parts of the Gaza Strip, considering that the Palestinian arena is facing existential challenges that require a serious and rapid national response.

Suwailem asserts that the presidential decree could constitute the beginning of restoring the Palestinian national situation, but he places this in a context linked to the seriousness of the national work and the extent of commitment to launching a comprehensive workshop to reform the Palestinian political system.

Suwailem believes that the Palestinian people will not forgive any hesitation or procrastination at this stage, warning that the continuation of political divisions and internal disputes will put the Palestinian political system on the brink of collapse.

Suwailem calls for investing in the presidential decree to rebuild national confidence and reform political institutions, stressing the importance of investing in this opportunity properly, which requires real political will and high national commitment, far from manipulating positions or entering into sterile arguments.

Suwailem points out that the existing challenges cannot tolerate any delay or procrastination, stressing that the Palestinian political system will either rise from its current crises, or it will face the risk of political death, which threatens the future of the Palestinian cause as a whole.

Suwailem sends a clear message to the Palestinian leadership, calling for overcoming internal differences and launching persistent and serious efforts to unify the Palestinian national situation.

Suwailem stresses that the current timing, despite being late, represents an opportunity that should not be missed to save the Palestinian national project and strengthen the steadfastness of the Palestinian people in the face of internal and external challenges.

The decision highlights the organization's status as being superior to that of the authority.

Dr. Dalal Erekat, Professor of Diplomacy and Conflict Resolution at the Arab American University, explains that the presidential decree stipulating that the President of the National Council shall assume the duties of the presidency of the Authority in the event of a vacancy in the position, carries major implications that outline the features of the next stage in the Palestinian political scene.

Dr. Erekat believes that the decree clearly reflects the priority of the Palestine Liberation Organization as the sole legitimate representative of the Palestinian people, whether at home or abroad. The decision also highlights the organization’s status, which is superior to that of the Palestinian Authority, affirming the role of the National Council as the highest legislative body representing the Palestinian people in all places of their presence, whose population is estimated at about 13 million people around the world.

She stressed that the decree sends a national message that Palestinian representation is not limited to individual figures or positions, but rather includes all segments of the Palestinian people, noting that this step confirms the leadership’s commitment to strengthening the unity of the Palestinian comprehensive institutions, at a time when there is an urgent need to unify ranks to confront the multiple challenges.

Filling any constitutional vacuum that may arise as a result of the absence of a legislative council

Erekat believes that the decree comes within the framework of filling any constitutional vacuum that may arise as a result of the absence of an elected legislative council, which ensures the continuity of political and institutional work without interruption, as in this way, the decision seeks to protect the political system from the risks of paralysis or divisions.

According to Erekat, the resolution stresses that institutions are above individuals, affirming that the Palestine Liberation Organization is the umbrella that reflects the will of the Palestinian people.

Erekat points out that the decision reinforces the idea that the Palestinian political system represents Palestinians at home and abroad, including the Gaza Strip, which confirms the commitment to the unity of the Palestinian geography and people.

Regarding the timing of the issuance of this decree, Erekat explains that it is linked to a number of political and transitional considerations, as the decision comes in preparation for any possible transitional phase in light of political changes and local, regional and international pressures, to ensure a smooth transfer of power and protect the political system from any conflicts that may arise.

According to Erekat, the decree reflects the Palestinian leadership's desire to strengthen confidence in major national institutions, such as the National Council, in the face of internal divisions and external pressures that are trying to undermine the role of the PLO.

Erekat stressed that the decision comes in response to the continued Israeli occupation and its oppressive policies, which requires strengthening the cohesion of the Palestinian political system and consolidating the legitimacy of its representation before the world.

According to Erekat, the decree restores the role of the Palestinian National Council as the supreme authority for the Palestinian people, paving the way for internal reforms within the PLO.

Erekat believes that the decree opens the way for preparing for future presidential elections, which strengthens commitment to the democratic process and confirms the right of the Palestinian people to choose their leadership through free elections.

Regarding the repercussions of the decree, Erekat expected that it would contribute to strengthening political and institutional stability by ensuring the continuity of government and political work within a legal and constitutional framework, which would enhance confidence in the Palestinian political system.

Erekat believes that the decree sends a clear message to the world that the Palestinian people are committed to their right to self-determination and to choose their leadership through democratic mechanisms.

Erekat expressed her hope that this step would open the way for a broader internal dialogue aimed at ending the Palestinian division and consolidating national unity.

Erekat points out that the decree may enhance the legitimacy of the Palestinian leadership on the international stage, especially since the Palestinian National Council represents all Palestinians, whether in the homeland or the diaspora.

Despite her praise for the decree, Erekat expresses her aspiration to call for legislative elections that will restore vitality to the Palestinian political system, but she considers the current decision an important step to avoid the risks of a constitutional vacuum and alternatives that may lead to the appointment of a vice president who reduces the position to one person in response to certain pressures.

Erekat stressed that the decree reflects the leadership’s commitment to the principle of institutionalism, and enhances the status of the Palestinian National Council as a representative reference for the entire Palestinian people, thus embodying the unity of the people in facing the challenges of the current and future stage.

An essential step to ensure the continuity of the political system

Writer and political analyst Muhammad Hawash believes that the presidential decree that specifies that the President of the National Council will assume the presidency of the Palestinian Authority in the event that the position of the President becomes vacant fills a legal loophole in the Palestinian political reality resulting from the absence of the Legislative Council. He stressed that the decision is an essential step to ensure the continuity of the Palestinian political system in the face of the escalating challenges in the region, and ensures a smooth transfer of power in any emergency.

Hawash explains that the decree represents a direct response to an urgent need within the Palestinian political system, as it provides a legal solution that ensures a smooth transfer of power in the event of an emergency.

Hawash points out that the absence of the Legislative Council for years has left a vacuum in the structure of the political system, which requires the establishment of a clear constitutional mechanism to fill this vacuum, especially in light of the turbulent regional circumstances.

Hawash asserts that the decision reflects a commitment to maintaining the stability of the Palestinian political system in the face of internal and external challenges. He also asserts that this measure came in response to all the rumors about the possibility of inheriting power or appointment in the future, which reinforces the idea of democratic life that the Palestinian arena needs.

Hawash responded to what was raised about the decree being linked to external pressures, stressing that such pressures are not new, but they were not the driving force behind issuing the decision.

Hawash stresses that President Mahmoud Abbas does not respond to pressures if they conflict with the interests of the Palestinian people, explaining that the decision came in line with the requirements of the Palestinian reality and not as a result of external dictates.

Hawash stresses that talk of American and international pressure to exert influence on the Palestinian leadership does not reflect the truth of the matter, pointing out that the pressures that were previously exerted on the president and did not achieve their goals are clear evidence of the independence of the Palestinian national decision.

In the context of talking about regional conditions, Hawash believes that the decree reflects the Palestinian National Authority’s readiness for potential changes in the region.

Hawash explains that regional transformations, including the war on Gaza and Lebanon, require the Authority to prepare for any developments that may affect the Palestinian reality.

Hawash stresses that international institutions demand that the Authority be prepared for any sudden changes, which reinforces the importance of having clear legal mechanisms that ensure the continuity of the Palestinian political system without interruption or disruption.

Hawash asserts that the next president will come through free democratic elections, and that consensus between the political forces, especially the Fatah and Hamas movements, will be the basis for choosing the next leadership.

Hawash stresses that this approach is the best way to ensure the legitimacy of the leadership and the stability of the political system in light of the current situation.

Hawash points out that the presidential decree is a necessary step to enhance Palestinian political stability, and reflects a clear will to preserve the unity of the political system and its readiness for future challenges, while Hawash calls for strengthening democratic life and working to end any controversy that may disrupt the national path.

Confusion between the authorities of the National Authority and the PLO

Dr. Raed Abu Badawiyya, professor of international law and international relations at the Arab American University, confirms that the decree issued by President Mahmoud Abbas came as a result of the political and constitutional vacuum that resulted from the dissolution of the Palestinian Legislative Council, as the Palestinian Basic Law stipulates that the Speaker of the Legislative Council is the one who assumes the duties of the President of the Palestinian Authority in the event of a vacancy in the position. With the absence of the Legislative Council and its Speaker after its dissolution by a decision of the Constitutional Court, the President found himself faced with the need to fill this vacuum, but using tools that Abu Badawiyya described as “unconstitutional” and “contrary to the national consensus.”

Abu Badawiya points out that the decree, although it aims to avoid a political and constitutional vacuum, includes unconstitutional amendments, as the president violated the Basic Law, which requires the approval of two-thirds of the members of the Legislative Council to make any constitutional amendment.

Abu Badawiya asserts that this decree is an infringement of the president’s legally stipulated powers. Abu Badawiya says: “The president made amendments to the constitution through a constitutional declaration that is not within his powers, thereby infringing on the provisions of the Palestinian Basic Law.”

Abu Badawiya points out that the dissolution of the Legislative Council, which was previously carried out based on a decision by the Constitutional Court, was essentially politically motivated and related to the internal Palestinian division, which led to deepening the crisis in the Palestinian political system.

Abu Badawiya believes that issuing the presidential decree at this time reflects political and regional pressures, pointing out that there are fears of a political vacuum that could lead to security and political chaos in the event of the president’s sudden absence.

Abu Badawiya explains that there are international and regional concerns, including Arab and American concerns, about the repercussions of the presidential vacancy in light of the Palestinian division and the complex political situation.

Dr. Abu Badawiya believes that choosing the President of the National Council, one of the institutions of the Palestine Liberation Organization, to be the alternative to the President of the Authority in the event of a vacancy in the position, represents “a confusion between the authorities of the National Authority and the PLO,” especially since the PLO suffers from the stagnation of its institutions and the absence of modernization in its legitimacy.

Abu Badawiya believes that this step reinforces the state of political division, pointing out that the Palestinian National Council, despite its status as the highest representative body of the Palestinian people, suffers from a lack of effectiveness due to the freezing of the work of the PLO institutions.

Abu Badawiya points out that the decree should have been issued within the framework of a Palestinian national consensus that includes all political parties within the PLO, as well as the Hamas and Islamic Jihad movements.

Abu Badawiya points out that monopolizing fateful decisions that affect the essence of the Palestinian political system threatens to increase internal division, which does not serve the Palestinian cause in light of the critical circumstances it is going through.

Abu Badawiya says: “This crisis could have been overcome through comprehensive national coordination that brings together all Palestinian political factions, instead of issuing a decree that sparked legal and political controversy,” stressing that national consensus remains the best option for managing the transitional phase and avoiding chaos.

Lack of national partnership

Writer and political analyst Nihad Abu Ghosh believes that the presidential decree that stipulates that the President of the National Council shall assume the presidency of the Palestinian Authority in the event that the position of the President becomes vacant raises many questions about its dimensions and motives, pointing out that it reflects the continued transformation of the Palestinian political system from a pluralistic democratic system to an individual system in the absence of national partnership, and the continued consideration of external pressures more than internal consensus.

Abu Ghosh points out that the decree is a continuation of the exaggerated method of issuing decisions by law without national or societal consensus, and in light of an internal crisis that is worsening. It did not come in response to demands to put the house in order, nor in implementation of the decisions of the national dialogue, but rather came in the context of external pressures, especially from the United States of America and donor countries, which makes it a response to the conditions of external funding that have begun to interfere in Palestinian national choices and priorities more than it stems from a Palestinian will.

Abu Ghosh believes that such decisions should have been taken within the Palestinian national framework, reflecting the greatest possible degree of consensus through the will of the Palestinian forces, factions, and civil society, and not as a result of external political pressures.

Abu Ghosh stresses that the absence of national consultation makes the decision widely criticized, especially since it places the Palestinian decision within a framework subject to external conditions and pressures.

Abu Ghosh expressed his regret for the absence of elections, which are the safest way to resolve constitutional problems. If they cannot be held, an internal consensus should have been reached that brings together all Palestinians.

Marginalizing the National Council and turning the Central Council into an alternative is one of the problems highlighted by Abu Ghosh, as the mandate that the National Council granted to the Central Council was for necessities that cannot be postponed - such as the president’s authority to issue decisions by law - but the practical reality is that the Central Council has become an alternative to the Palestinian National Council, which marginalizes one of the most important institutions of the PLO.

Abu Ghosh believes that the appointment of the head of the National Council to assume power came as an individual decision, far from any real mandate from the national forces, considering that this transformation represents the absence of the spirit of national partnership, and the decisions of the national dialogue, the latest of which were the Beijing decisions, and reliance on continuing to rotate positions and positions within a specific, narrow political class.

Abu Ghosh stresses that the Palestinian political system is moving towards more individualism, pointing out that the president himself extended his term from four years to twenty years without any popular referendum or national consensus.

Abu Ghosh considers this decree to be an extension of this individual approach, as the decision was taken unilaterally without any consultation with the factions or national institutions.

Abu Ghosh believes that the only solution to overcome these crises lies in returning to national consensus, stressing that any decision taken in isolation from national partnership will not be trusted by the Palestinian people.

Abu Ghosh stresses that the current decree lacks what would make it widely accepted by the people, pointing out that the presidential decree, in its current form, may deepen the Palestinian political crisis instead of resolving it.

Abu Ghosh stresses that what is required is to rebuild the Palestinian political system on the basis of participatory democracy that ensures respect for the will of the Palestinian people and strengthens their unity in the face of increasing challenges.