Under Whose Authority is the Palestinian Authority?

The system of government in the Palestinian Authority is semi-presidential, similar to the system in France. In this system, the PA Chairman (the ra’ees or President) is elected in direct elections by the public, and he or she appoints the Prime Minister. The Prime Minister then establishes the government. To establish the government, a statement of confidence is required by the Palestinian Legislative Council. In the motion of confidence, an absolute majority of Council members is required. In other words, the Prime Minister draws his or her authority from two sources: From the Chairman (in his appointment) and from the Legislative Council (in the motion of confidence).

Accordingly, there are two methods of ending the Prime Minister's term and the government's term: dismissal of the Prime Minister by the Chairman or a motion of no-confidence by the Palestinian Legislative Council by a majority of its members. If the Council has voted no-confidence, the Chairman must appoint an alternate Prime Minister.

The Prime Minister is accountable in the fulfillment of his duties to the Chairman in all matters concerning his actions and the actions of the government. The Prime Minister and all other ministers are accountable, jointly and individually, to the Legislative Council as well. In other words, the Prime Minister is subject to double accountability – upwards, to the Chairman, and downwards, to the Palestinian Legislative Council. These two institutions, the Chairman and the Legislative Council, are elected by the public (as seen in the diagram below).

Diagram: System of Government in the Palestinian Authority

The Palestinian Authority Chairman is the head of the executive branch, and holds the following executive powers:

• Appointment and dismissal of the Prime Minister.
• Commander-in-Chief of the Palestinian forces.
• Granting pardons.
• Accrediting ambassadors.
• Approving laws – the Chairman can return a law to the Legislative Council with comments and objections. In order to overcome his objection, a two-thirds majority of Council members is required.
• Authority to issue orders that have the status of law in extraordinary cases (the orders must be approved by the Legislative Council in its first session after their publication). For example, PA Chairman Mahmoud Abbas issued an order outlawing the Hamas Executive Force (armed forces).
• Authority to declare an emergency situation by means of a 30-day order. The order can be extended by a decision of two-thirds of the Legislative Council members. In an emergency situation, the Legislative Council cannot be dissolved or suspended.

The Palestinian Authority Chairman has extensive executive powers, and according to the constitution he is the seat of the PA’s political power.

The appointed Prime Minister has restricted powers that directly relate to the functioning of the government:

• Assembling the government, appointing ministers, dismissing ministers, and accepting their resignation.
• Conducting government meetings, determining their agenda, and overseeing them.
• Supervising the work of the ministers and the work of public and governmental institutions.
• Signing and approving regulations passed by the government.

The government, which he heads, is responsible for making policy and approving the budget.