This appointment has been challenged as illegal, because while the Palestinian Basic Law permits the president to dismiss a sitting prime minister, the appointment of a replacement requires the approval of the Legislative Council. The law provides that after removal of the prime minister (in this case, Ismail Haniyeh), the outgoing prime minister heads a caretaker government. The current Legislative Council, in which Hamas holds a majority of seats, has not approved the appointments of Fayyad or the balance of his new government. Fayyad's appointment was never placed before, or approved by it.[11] Haniyeh continues to operate as prime minister in Gaza, and is recognized by a large number of Palestinians as the legitimate acting prime minister. Anis al-Qasem, a constitutional lawyer who drafted the Basic Law, is among those who publicly declared the appointment of Fayyad to be illegal.[12]
Salam Fayyad - Wikipedia, the free encyclopedia