By Norman al-Abbas
DAMASCUS, Syria (North Press) – Recent presidential decrees issued by Syria’s Transitional President, Ahmad al-Sharaa, have sparked significant legal and constitutional debate, raising questions about their alignment with the provisional constitutional declaration he signed in March 2025, which outlines the scope of presidential and parliamentary powers during the transitional phase.
Decrees outside the constitutional framework
One of the most controversial moves was Decree No. 113, which establishes a “Sovereign Fund” in Syria as an independent financial and administrative institution headquartered in Damascus and directly linked to the presidency.
Additionally, Decree No. 114 of 2025 amended provisions of the Investment Law No. 18 of 2021, drawing legal criticism due to the fact that legislation and legal amendments fall under the exclusive authority of the People’s Assembly—not the transitional president.
These decisions have ignited widespread concern, particularly on social media, with critics warning they may set a dangerous precedent for executive overreach and the erosion of oversight institutions.
The rollout of a “new national visual identity” also stirred controversy. Article 5 of the constitutional declaration stipulates that the national emblem and anthem must be ratified by law—something that has yet to occur, further placing these changes outside the accepted constitutional framework.
No legal channels to challenge the decrees
Human rights activist and lawyer Michel Shammas described the ongoing legal violations as a grave threat to the state’s legal and constitutional foundation. Speaking to North Press, he noted that Syria currently lacks a constitutional court to review the legality of such decrees, meaning no direct legal mechanism exists for citizens to challenge them.
He added that legal recourse might only be available once a new People’s Assembly is elected, as its members will have the authority to review and challenge such decrees. “Until then, public discourse through media and civil platforms remains the only avenue for criticism,” he said.
Lawyer Oday al-Shawwa echoed these concerns, citing Article 26 of the constitutional declaration, which clearly assigns legislative authority to the People’s Assembly “until a permanent constitution is adopted and new legislative elections are held.” He emphasized that any legislation or legal amendment made by the president under current conditions is therefore legally invalid.
Concerns over concentration of power
Syrian journalist Julnar al-Ali voiced alarm over what she described as unjustified and unaccountable executive actions. She noted prior incidents, such as the transfer of the Civil Aviation Authority under direct presidential control and the lack of transparency in the newly created Sovereign Fund.
“The most concerning part is that quarterly and annual reports are to be submitted exclusively to the presidency,” she said. “The decrees fail to identify an independent oversight body, raising serious accountability concerns.”
Al-Ali argued that these permanent decrees, enacted outside emergency circumstances, suggest an attempt to expand executive powers and consolidate authority across branches of government—potentially weakening the People’s Assembly’s legislative and oversight roles.
She further noted that several articles of the constitutional declaration remain unimplemented, particularly those related to property rights, religious freedoms, and civil liberties. The pattern of decree issuance, she warned, signals growing executive dominance over the transitional process.
The journalist concluded that the formation of the next People’s Assembly will be a critical test: “It will reveal whether these permanent decrees are formalized through legal procedures and whether proper mechanisms for oversight will be established.”
Economic perspective
Economist Majdi al-Jamous offered a more optimistic view, stating that the two decrees could represent a positive step toward restructuring the public sector and improving economic performance. However, he emphasized that their success hinges on effective oversight and transparency in managing these institutions. He also acknowledged that there had been clear overreach of legal authority that must be addressed.