This work was produced with the support of the European Union and in partnership with the Ceasefire Centre for Civilian Rights. The contents of this publication are the sole responsibility of the partners —Syrians for Truth and Justice, the Syria Justice and Accountability Centre, and Justice for Life— and do not necessarily reflect the views of the European Union or the Ceasefire Centre for Civilian Rights.
1. Executive Summary
This joint paper by Syrians for Truth and Justice, Justice for Life, and the Syria Justice and Accountability Centre examines a set of key decisions and decrees issued during the first year of Syria’s transitional phase, specifically throughout 2025. It demonstrates how these measures have contributed to expanding the powers of the executive authority at the expense of legislative and judicial frameworks.
The analysis reveals that a number of these measures were adopted outside the scope of legally defined competencies, or without a proper legal basis, or through mechanisms reflecting misuse or abuse of authority. This has, in turn, undermined the principles of the rule of law and the separation of powers.
The selected examples further show that executive bodies—represented by the Presidency and ministerial authorities—have established new entities, amended existing laws, managed public assets, and restructured the judiciary without adhering to the legislative or oversight processes stipulated in the Constitutional Declaration and applicable laws. In several instances, decisions were issued without adequate legal reasoning and replaced established accountability mechanisms with vague administrative justifications, such as references to “requirements of the public interest.”
These patterns point to a structural trajectory that renders the transitional phase vulnerable to the reproduction of exclusionary and authoritarian practices in new forms, thereby limiting prospects for building legitimate institutions capable of protecting rights and entrenching justice. In line with transitional justice standards—particularly those emphasizing acknowledgment of harm, guarantees of non-recurrence, and reparation—this joint paper calls for urgent institutional reforms. These include ensuring respect for the limits of legal mandates, restoring the legislative function to its constitutional position, strengthening oversight over executive authority and judicial appointments, and subjecting financial and development institutions to transparent accountability mechanisms.
2. Introduction
More than a year after the fall of the Assad regime, and following the conclusion of the “Deterrence of Aggression” battle, Syria entered a transitional phase marked by heightened expectations for rebuilding state institutions on new foundations that safeguard rights. This was followed by the Victory Conference convened by the Military Operations Administration on 29 January 2024, which brought together leaders of armed factions and resulted in the appointment of Ahmad al-Sharaa as Interim President of the Republic.
Subsequently, the National Dialogue Conference was held on 25 February 2025 with the aim of laying the groundwork for the next phase. However, it sparked widespread criticism from the outset, both in terms of its format and substance. This was followed by the issuance of the Constitutional Declaration, which established the legal framework governing authority and governance during the transitional period. Nevertheless, it too raised serious concerns regarding its legitimacy, content, and its actual capacity to meet the aspirations of Syrians, particularly in light of the near-absolute powers granted to the President and its lack of inclusivity and adequate representation of Syria’s diverse societal components.[1]
Throughout 2025, there was extensive legislative and regulatory activity, including the issuance of laws, decrees, decisions, and administrative instructions affecting multiple aspects of public life, alongside a restructuring of state institutions. However, a review of these legal instruments reveals a fundamental structural flaw in the legal process. Several measures were issued in disregard of constitutional constraints, exceeded the legally defined powers of the respective authorities, or directly contradicted existing laws that were supposed to remain in force until duly amended through the competent legislative process, as stipulated in the Constitutional Declaration.
This paper seeks to highlight a number of illustrative examples that reflect such legal inconsistencies or deviations. These examples are not exhaustive but are intended to demonstrate the structural deficiencies characterizing the legal process during the transitional phase. They were selected based on their nature and their direct impact on the distribution of powers among state authorities, as well as their clear infringement of fundamental constitutional and legal principles.
The examples are organized in a sequence reflecting both the hierarchy and institutional nature of the violations: beginning with decisions that directly affect state symbols and constitutional legitimacy, followed by decrees and decisions issued by the Presidency as the highest executive authority, and concluding with ministerial decisions that embody the executive extension of these violations within the administrative structure. This progression aims to underscore the systemic nature of these breaches and to illustrate how deficiencies at the central level permeate various layers of decision-making.
Identifying these issues is intended to reinforce the need for a comprehensive review of the existing legal framework and for corrective measures in the decision-making process. Such reforms are essential to ensuring respect for the rule of law and constitutional authority, and to laying the groundwork for a more coherent, stable, and just transitional phase.
You May Read and Download the Full Report in PDF Format by Clicking Here.
[1] For further information on the National Conference and the Constitutional Declaration, as well as the concerns related to their legitimacy and content, see the report by Syrians for Truth and Justice, The Constitutional Declaration in Syria: Exceptional Powers for the Transitional President and the Risks of Entrenching Authoritarian Rule Hindering the Transition to Democracy, 9 July 2025.