Why Law 431/1995 Creates a Lex Specialis Exception
Lex specialis is a fundamental principle of law: a special law overrides a general law. When a special law is enacted for a specific institution or purpose, it supersedes general laws that would otherwise apply. This is a universal legal principle recognized in every legal system.
Legislative Decree 112/1959 establishes the general rule: foreigners cannot be Lebanese civil servants. This is the default rule that applies to all government institutions. However, this general rule does not apply to the Conservatory because created a special legal regime (lex specialis) for this institution.
is the lex specialis that overrides the general civil service law. It explicitly: 1. Establishes the Conservatory as a special public institution 2. Places it under the Minister of Culture (not the general civil service) 3. Authorizes the hiring of foreign professors 4. Places ALL teaching staff (including foreigners) under the civil service regime 5. Creates institutional equivalence with Lebanese University This is not an exception to the law. This IS the law for the Conservatory.
The Conservatory required a special legal status to fulfill its educational mission: 1. To hire foreign professors in specialized instruments (Oboe, French Horn, Bassoon, Percussion, etc.) 2. To offer world-class musical education with international expertise 3. To maintain institutional parity with Lebanese University 4. To provide civil service benefits to all faculty (Lebanese and foreign) This was not arbitrary. This was essential to the Conservatory's function as a national institution.
and are implementing regulations for . They: 1. Operationalize the special legal regime 2. Place all teaching staff under the civil service regime 3. Establish equivalence between Conservatory and Lebanese University professors 4. Create pathways for foreign professors to become civil servants These are not suggestions. These are binding implementing regulations.
The Ministry of Higher Education officially confirmed that the Conservatory is established under and has a special status. This ministerial confirmation: 1. Reaffirms the special legal status 2. Confirms that the law remains in force 3. Establishes that the Conservatory is not subject to general civil service law 4. Validates all previous Board decisions This is not interpretation. This is official ministerial confirmation.
When someone says 'foreigners cannot be civil servants,' they are correct about the GENERAL rule. But they are wrong about the Conservatory because: 1. The Conservatory is NOT subject to the general civil service law 2. The Conservatory IS subject to (the special law) 3. explicitly authorizes foreign professors as civil servants 4. This is not an exception to the law—this IS the law for the Conservatory 5. The Ministry of Higher Education confirms this in January 2025 The lex specialis principle makes this unassailable.
This principle is recognized in every legal system: • In France: Special laws for specialized institutions override general employment law • In the United States: Special federal institutions have their own legal regimes • In the United Kingdom: Specialized institutions operate under their own statutory frameworks • In international law: The UN International Law Commission recognizes lex specialis as fundamental The Conservatory's special status is not unique. It follows universal legal principles.
Tom Hornig is a Category I civil servant because: 1. creates a special legal regime for the Conservatory 2. This special regime explicitly authorizes foreign professors as civil servants 3. places him under the civil service regime 4. establishes his doctoral equivalence to Category I 5. classifies him as Category I 6. The Ministry of Higher Education confirms this status in January 2025 The argument that 'foreigners cannot be civil servants' does not apply to the Conservatory. It is a special institution with a special legal status.
The Conservatory is not subject to general civil service law. It is subject to Law 431/1995, which explicitly authorizes foreign professors as civil servants.
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