Dr. Talal Abu Afifa: The current stage requires strengthening unity and building a political system capable of facing challenges

Jihad Abu Zneid: A state of constitutional chaos and we must return to the legal foundations that govern the Palestinian system

Abdul Latif Ghaith: The decree raises deep legal and constitutional problems and deepens the confusion between the powers of the authority and the organization

Salwa Hadeeb: Since the PLO is the reference for the national authority, the constitutional declaration is correct and logical

Fadl Tahboub: The procedure is wise because it ensures a democratic and smooth transition of power without creating direct internal conflicts.

Ismail Muslimani: The step came at a critical time when the Palestinian scene is suffering from political, social and economic challenges

The presidential decree that the Speaker of the National Council assume the presidency of the Palestinian Authority until legislative and presidential elections are held has provoked mixed reactions in the Palestinian arena, especially since there is a Palestinian law that stipulates that the Speaker of the Legislative Council assume the presidency of the Authority in the event of a vacancy in the position, which is what happened when President Yasser Arafat passed away, as the Speaker of the Legislative Council at the time, Rawhi Fattouh, assumed the presidency of the Authority for a transitional period, until presidential elections were held in which President Mahmoud Abbas won.

Some writers and political analysts said that President Abbas's decision is important, even if it came late, and that as long as the PLO is the authority's reference, the constitutional declaration is correct and logical, while others considered that the decree raises deep legal and constitutional problems, and deepens the confusion between the authority's powers and the organization's, and that Palestine is living in a state of constitutional chaos, and that we must return to the legal foundations that govern the Palestinian system.

The president's decision is important even if it comes late.

Member of the General Secretariat of the General Union of Palestinian Writers and Authors, Dr. Talal Abu Afifa, stressed the importance of President Mahmoud Abbas’ decision to issue a presidential decree assigning the President of the Palestinian National Council to assume the presidency of the Palestinian National Authority until legislative and presidential elections are held in the event that the position of President becomes vacant for any reason.

Abu Afifa said: This decision came very late, as it was supposed to be issued since the 2021 legislative elections were cancelled due to the occupation’s refusal to hold them in Jerusalem.

Abu Afifa explained that the importance of the decision lies in thwarting the Israeli occupation’s plans, as if the position of the president becomes vacant in the event of his death, God forbid, the West Bank will witness a constitutional vacuum, internal unrest and chaos that will allow the occupation to intervene directly militarily, impose military rule again and final annexation under the slogan of maintaining security and stability in the West Bank and protecting the settlers.

Abu Afifa called on President Mahmoud Abbas to issue more decrees and decisions aimed at reforming the internal Palestinian situation.

Abu Afifa also called for removing those with private interests who work for external parties against the interest of the homeland from their positions of power in order to achieve the supreme interest of the Palestinian people, pointing out that the current stage requires strengthening national unity and building a political system capable of facing challenges.

Activating the PLO and restoring its prestige

For her part, Jihad Abu Zneid, a member of the National Council, said: Palestine is experiencing a state of constitutional chaos as a result of the internal division, the Israeli occupation, and the ongoing wars that hinder the lives of Palestinians and affect their stability.

She pointed out that these circumstances represent part of a war of extermination being waged against the Palestinian people.

Abu Zneid stressed the importance of the Palestinian National Council as a reference for the Legislative Council, explaining that the members of the Legislative Council are an integral part of the National Council.

She believed that this constitutional chaos requires a return to the legal foundations that govern the Palestinian system, noting that the President of the National Council is considered a constitutional reference in cases of emergency or absence of leadership.

Abu Zneid explained that the timing of some decisions may not be comfortable for the people, but the priority lies in protecting the unity of the Palestinian ranks and preventing the occurrence of sedition or crises in the future.

It also called for striving to achieve peace and security through an elected and inclusive Palestinian leadership, with a focus on reactivating the Palestine Liberation Organization and restoring its prestige as the only umbrella that unites Palestinians of all orientations.

Abu Zneid concluded by calling for the building of a unified Palestinian home that includes factions, independents, and academics, to protect the existence and future of the Palestinian people.

The decree weakens the Palestinian political system.

In turn, the Jerusalemite political analyst Abdul Latif Ghaith confirmed that the recent presidential decree raises deep legal and constitutional problems, pointing out that its legal status is unconstitutional for several reasons, most notably that Palestinian laws stipulate that the head of the Legislative Council is the body authorized to assume duties in the event of a constitutional vacuum, which could not be implemented due to the abolition of the Legislative Council.

He explained that the president's term of office has exceeded the constitutional limit for more than 20 years, which deepens the legal crisis.

Ghaith pointed out that the decree contributes to deepening the confusion between the powers of the Palestinian Authority and the Palestine Liberation Organization, which leads to the erosion of the boundaries between the institutions.

He explained that this overlap weakens the Palestinian political system and increases the ambiguity of powers between the various bodies.

Motives and timing of issuing the decree

Regarding the timing of the decree’s issuance, Ghaith wondered about its motives, hinting at the possibility of external influences and pressures, rather than an urgent internal Palestinian need.

He considered that the current Palestinian situation does not witness an urgent constitutional crisis that requires this decision, pointing out that its timing may be linked to external plans aimed at arranging the situation in the region in a way that serves certain international and regional interests.

Ghaith called for focusing on "arranging the internal Palestinian situation instead of issuing controversial decrees."

Ghaith stressed that the current stage requires Palestinian unity to confront major dangers, such as the escalating Israeli aggression and attempts to liquidate the Palestinian cause with international support, stressing the need to overcome the internal division, which represents the main obstacle to confronting fateful challenges.

Ghaith suggested several urgent steps to address the current crises: First, calling for the interim leadership framework: the need for the interim national leadership to meet to develop a unified strategy to confront the threats facing the Palestinian people. Second, forming a consensus government: establishing an agreed-upon national or technocratic Palestinian government that is capable of dealing with the situation in Gaza and the West Bank and confronting international pressures.

Ghaith concluded by stressing the importance of teamwork and strategic planning to face current challenges.

He explained that national unity and developing a common vision are the only way to protect the Palestinian cause from attempts at liquidation and foreign interventions.

The National Council is the representative council of the State of Palestine.

For her part, Salwa Hadeeb, a member of the Palestinian National Council, said: “Since we do not have an approved constitution, and since the Palestine Liberation Organization is the authority’s reference, the constitutional declaration is correct and logical.”

Hadeeb expressed her belief that it is time for the National Council to be the parliamentary council of the State of Palestine until a legislative council can be elected.

She said: “The National Council lacks nothing to exercise parliamentary powers, considering that the organization is the representative of the Palestinian people, and in this capacity it can fill the gaps in the missing laws and formulate the character and philosophy of the political system, in a way that preserves the identity of the state, decisively blocks attempts to hijack the national identity, and awakens Israel from the illusion of empowering Hamas politically in the West Bank so that it can dominate the scene, allowing the occupation to use it as a pretext to completely erase the existence of the Palestinian people.”

Hadeeb stressed that in the event that the division is not ended and the Legislative Council is absent, the President can use his powers contained in Article 43 of the Basic Law, which states that “the President of the Palestinian National Authority may, in cases of necessity that cannot be delayed and outside the sessions of the Legislative Council, issue decisions that have the force of law.”

Hadib saw the necessity of calling the National Council to convene, which has the authority to amend the constitution, add an article for the position of the vice president, and define his powers. In the event that it is not possible to convene the National Council, the Central Council can be called to amend the constitution, add an article for the position of the vice president, and define his powers, taking into account that the president must be elected by the people.

Curb internal disputes and prevent chaos and collapse

In turn, the Jerusalemite political analyst Fadl Tahboub confirmed that President Mahmoud Abbas’s issuance of a presidential decree stipulating that the President of the National Council assume the presidency of the Palestinian National Authority in the event that the position of the President becomes vacant, represents a deliberate step aimed at addressing several internal issues and ensuring a smooth transfer of power.

Tahboub explained that there are internal disputes regarding the succession of President Mahmoud Abbas, noting that these disputes pose a threat to the Palestinian Authority as a whole, which could lead to a state of chaos and collapse.

He pointed out that the presidential decision aims to reduce the severity of the differences by defining a clear mechanism for the transfer of power, whereby the President of the National Council is appointed as an interim president for a period of 90 days during which preparations are made for legislative and presidential elections.

Tahboub described this measure as "wise", because it ensures a smooth and democratic transfer of power without creating direct internal conflicts.

Tahboub touched on the timing of the decision, noting that there is pressure from some countries on President Abbas to make changes in the authority due to criticism related to corruption and the current administrative structure.

Tahboub considered that the decree came as an attempt to avoid these pressures and to show readiness for a democratic transition in the event of a leadership vacuum.

Regarding the decision’s connection to Israeli developments, Tahboub pointed out that Israel does not take into account the Palestinian Authority or any international or regional parties when making its decisions, such as annexing Palestinian territories.

Tahboub stressed that the measure taken now is similar to the mechanism for transferring power after the death of the late President Yasser Arafat, which proved successful in preventing chaos and ensuring stability.

He considered that the decree reflects experience in dealing with the transfer of power in a way that preserves the unity of leadership and reduces internal tensions.

Complex local and regional conditions

Jerusalemite political analyst Ismail Muslimani considered President Mahmoud Abbas' constitutional declaration a step that came at a critical time when the Palestinian scene is suffering from many political, social and economic challenges.

Muslimmani discussed the reasons for this announcement, its timing, and the implications behind it, noting that the timing comes in light of complex local and regional circumstances.

On the local level, the Palestinian Authority is facing great pressures as a result of the internal division between the Fatah and Hamas movements, in addition to economic and health challenges, most notably the Gaza war and ambitions in the West Bank.

He said: "The region is witnessing major political and strategic fluctuations, including the normalization of relations between some Arab countries and Israel, and the repercussions that this will have on the Palestinian issue."

Muslimani summarized the motives behind the declaration, saying: Firstly, enhancing internal stability: The constitutional declaration aims to unify ranks and enhance internal stability in the face of political and economic challenges.

Second: Institutional reform, as this step comes as part of broader efforts to strengthen government institutions and ensure the effectiveness of government performance. Third: Responding to external pressures, as in light of regional and international transformations, President Abbas seeks to strengthen the Palestinian position on the international stage by enhancing the political and constitutional legitimacy of the Palestinian Authority. Fourth, avoiding Hamas obtaining any position: It is known that Aziz Dweik is the speaker of the Legislative Council, and the Council was officially dissolved in 2018.

Implications of the Constitutional Declaration

Muslimani summarized the implications of the constitutional declaration as follows: 1- Reaffirming the rule of law: The constitutional declaration reflects the Palestinian leadership’s commitment to strengthening the rule of law and democracy. 2- Emphasizing national unity: The declaration seeks to unify the internal front and reduce the political divisions that plague the Palestinian scene.

3- Improving the negotiating position: With a strong constitutional framework, the Palestinian Authority can strengthen its position in future negotiations with international and regional parties. 4- American demand: President Biden requested that Hamas not be in power, in response to the American administration, especially Israel’s announcement to extend dealings with Palestinian banks for another year after American and European pressure.

Muslimani said: President Mahmoud Abbas's constitutional declaration stands out as an attempt to enhance internal stability and strengthen political legitimacy at a critical time.

He added: This announcement also reflects the urgent need to adapt to current challenges and ensure a better future for the Palestinian people. However, when the unilateral decision is made without the return of the Palestinian factions, some see it as a entrenchment of division and a violation of the previous law, and this unilateral decision may create a greater crisis among the Palestinian public.