Pillars and Foundations of Administrative Decentralization and Their Suitability for the Administrative Organization in Libya

Abstract

This research paper addresses the topic of administrative decentralization as a modern and effective approach to administrative organization in Libya, aimed at overcoming the traditional challenges associated with centralism. The study explores the fundamental pillars and foundations that support decentralization, emphasizing its role in achieving a balance between the authority of the central government and the independence of local administrative units. The researcher analyzes the legal and administrative framework of decentralization, highlighting that its primary objective is to manage the diverse interests and varying needs of different regions within the state more efficiently. A significant portion of the paper is dedicated to discussing the concept of administrative guardianship, which serves as a crucial mechanism for ensuring that local authorities operate within the legal boundaries set by the state without infringing upon their necessary autonomy. Furthermore, the study distinguishes administrative decentralization from other similar administrative systems, such as administrative deconcentration and political federalism, to provide a clear conceptual framework. By examining the current legislative landscape in Libya, particularly the Local Government Law No. 59 of 2012 and constitutional proposals, the research evaluates the extent to which these laws align with the requirements of a functional decentralized system. The findings suggest that while Libya has taken steps toward decentralization, there remains a pressing need for comprehensive legislative reforms and the development of clear administrative policies that reflect the country’s unique social and geographical realities. The paper concludes that achieving high-quality administrative performance requires empowering local units with real financial and administrative independence, supported by a modern legal system capable of adapting to global and local developments.