The appointment of Fayyad to replace Haniyeh has been challenged as illegal, because under the Palestinian Basic Law, the president may dismiss a sitting prime minister, but may not appoint a replacement without the approval of the Palestinian Legislative Council. According to the law, until a new prime minister is thus appointed, the outgoing prime minister heads a caretaker government. Fayyad's appointment was never placed before, or approved by the Legislative Council.[27] For this reason, Haniyeh the Hamas prime minister has continued to operate in Gaza, and is recognised 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 Abbas' appointment of Fayyad to be illegal.[28]
Mahmoud Abbas - Wikipedia, the free encyclopedia