Transitional President Ahmed al-Sharaa issued a presidential decree at the beginning of this week ordering the implementation of provisions for settling defaulted debts and credit facilities in public banks. The decree introduces exemptions from delayed and contractual interest as well as fines, and it sets out new rules for debt rescheduling.
Yet Decree No. 70 of 2026 stands in clear violation of the Constitutional Declaration that al-Sharaa himself promulgated in March 2025.
Decree 70 in Open Defiance of the Constitutional Declaration
Michel Shammas, a prominent lawyer and human rights advocate, explained in an interview with Hal Net that the President holds no authority to issue legislative decrees, since such powers belong exclusively to the People’s Assembly.
He noted that the Constitutional Declaration “did not grant the President the prerogative to issue decrees of a legislative nature.”
Shammas recalled that more than a year ago he had proposed a mechanism to Syrian authorities that would have prevented this type of overreach. His suggestion involved the President appointing all members of the People’s Assembly through a committee representing diverse factions, which would then select individuals distinguished by competence and expertise in fields such as the judiciary, economics, administration, and media.
He added that an early adoption of these proposals would have spared the country considerable time and would have prevented the accumulation of violations now confronting the Constitutional Declaration.
Shammas stressed that the failure to adopt such measures has brought Syria to a point where ministers and governors — and perhaps soon municipal heads — exercise legislative authority without any constitutional foundation and without even a basic understanding of legislative processes or the legal, administrative, and social risks that may follow. He warned of a proliferation of avoidable problems.
Earlier Constitutional Violations
This latest breach of the Constitutional Declaration is part of a broader pattern. Al-Sharaa has previously issued decrees that contradict the very document he enacted in March 2025. The most recent example before Decree 70 was the General Amnesty Decree No. 39 of 2026.
Two earlier decrees, issued on July 9, 2025, stand out. Decree No. 113 established a sovereign fund endowed with legal personality and financial and administrative independence. Decree No. 114 amended Investment Law No. 18 of 2021.
Another controversy emerged on July 3, 2025, with the launch of Syria’s new visual identity. Critics questioned the legitimacy of the move, arguing that it may conflict with Article 5 of the Constitutional Declaration, which states that Damascus is the capital of the Syrian Arab Republic and that the state emblem and national anthem shall be determined by law.
The unveiling took place at the People’s Palace in Damascus in the presence of al-Sharaa, ministers, and senior officials.
Core Provisions of the Constitutional Declaration
Article 26 of the Constitutional Declaration, issued on March 13, 2025, affirms that the People’s Assembly holds legislative authority until a permanent constitution is adopted and new legislative elections are conducted accordingly.
Article 30 outlines the Assembly’s responsibilities, including proposing and enacting laws, amending or repealing existing legislation, ratifying international treaties, approving the state budget, granting general amnesty, accepting or rejecting the resignation of its members, lifting parliamentary immunity in accordance with internal regulations, and holding hearings for ministers. Decisions are made by majority vote.
Article 31 assigns executive authority to the President and the ministers within the limits set by the Constitutional Declaration. Article 36 stipulates that the President issues executive and organizational regulations, control regulations, and presidential orders and decisions in accordance with the law.
Earlier Warnings
On March 25, 2025, Human Rights Watch warned that the Syrian Constitutional Declaration, intended to guide the country through its transitional phase, endangered the fundamental rights of Syrian citizens.
The organization’s report emphasized that the Declaration grants the President sweeping powers, including authority over judicial and legislative appointments, without any meaningful oversight.
Human Rights Watch noted that such expansive powers raise serious concerns about the future of the rule of law and the protection of human rights unless clear safeguards are introduced. The Declaration justifies these extraordinary powers as necessary for the transitional period, yet the risks remain substantial.
This article was translated and edited by The Syrian Observer. The Syrian Observer has not verified the content of this story. Responsibility for the information and views set out in this article lies entirely with the author.