Articles 75 and 76 of the Municipalities Law set the limits of the mayor's authority in regulating property, namely granting building and housing permits and settling building violations, alongside defining restrictions on the exercise of the right to property, not on preventing the right to ownership itself.
Interpretive reservations have several types: there are constructive reservations aimed at correcting the ambiguous meaning without amending it, others that are neutralizing and aim to strip the legislative text of certain defective provisions, and there are also mandatory reservations that include directives on the form or content the text must have in order for its constitutionality to be declared.
This technique — namely interpretive reservations — may only be resorted to if the contested text is ambiguous or raises suspicion of unconstitutionality, so that the Constitutional Council does not encroach on the discretionary appreciation enjoyed by Parliament.
The interpretive reservation approach is a jurisprudential method initiated by the Lebanese Constitutional Council in 2002, in line with European constitutional jurisprudence, specifically French and German, in the course of exercising its oversight of the contested law, whereby it applies once the Council decides to reject the challenge to a given law, but within a framework that interprets the law in a manner that makes it more consistent with the Constitution.
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