Archive for Supreme Constitutional Court

Election laws top Islamist legislative agenda

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January 2nd, 2013

Islamist lawmakers in the Shura Council are set to propose a series of legislation that would regulate the upcoming elections of the House of Representatives as well as the work of some pivotal institution such as the Constitutional Court.

Adel Afifiy, chairman of Asala Party, a Salafi group, stressed that priority should be given to laws banning protests in vital areas, such as Tahrir Square. He said that Islamist legislators in the Shura Council will work on laws serving Islamist parties and granting their candidates more electoral ground in the upcoming elections for the House of Representatives (previously the People’s Assembly).

On Sunday, news outlets had circulated a 26-article draft bill that would restrict demonstrations to certain hours and require organizers to notify authorities in advance of a protest. Both a lawmaker from the Shura Council committees alleged to have drafted the legislation the FJP denied responsibility for the bill.

Saad Omara, from the Muslim Brotherhood’s Freedom and Justice Party’s Shura bloc, said the council would essentially discusswhat it deems inevitable bills, including drafts amending the council’s regulation in a way that empowers it with the legislative authority stipulated in the new constitution. Omara said that law has to be approved for the council to fulfill its legislative function.

According to Omara, a law governing Supreme Constitutional Court cases also must  be amended so that the court rules on the constitutionality of bills before, rather than after, they are passed into law.

He said the council would also handle the law regulating lower house elections, which is expected to come out of government-sponsored national dialogue meetings. Among the proposals is a mixed candidacy system, with two thirds of seats contested through list-based nominations and one third reserved for candidates running off the party lists.

Salah Abdel Maaboud, a member of the supreme board at the Salafi-oriented Nour Party, said there are also proposals to amend the delineation of electoral districts.

Despite the limited time available for passing laws, parties are eager to approve a national maximum and minimum wage, Omara said.

Edited translation from Al-Masry Al-Youm

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Constitutional Court sets 15 January deadline for review of pending cases

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December 30th, 2012

 

The Supreme Constitutional Court set 15 January as its deadline for reviewing all pending cases, including those related to the legitimacy of the Shura Council and the Constituent Assembly.

The court convened its general assembly on Sunday to discuss its work in light of the new Constitution and the end of the sit-in staged outside the court by supporters of President Mohamed Morsy and the Muslim Brotherhood.

It was its second meeting since the removal of seven judges as mandated by the recently approved Constitution.

The SCC suspended its work on 2 December, saying that protesters staging a sit-in had prevented judges from entering the court. In a statement at the time, the judges said they were facing assaults against their independence and that the sit-in was an insult to the judges.

Edited translation from Al-Masry Al-Youm

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Constitutional Court to hold general assembly within few days

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December 29th, 2012

Supreme Constitutional Court will hold an urgent general assembly within the coming few days, sources close to the court said.

On the table for discussion will be the assembly' s decision to suspend work in protest against President Mohamed Morsy's November constitutional declaration, which they saw as an attack on the judiciary, and in response to supporters of Morsy and the Muslim Brotherhood surrounding the court and preventing judges access.

The sources told Al-Masry Al-Youm that the position of the court in the current situation will be discussed, including whether to rehold court sessions. Several questions will be addressed, particularly in light of the new Constitution.

Deputy President Saeed Mar’ie said that no date has as yet been set, and that they are waiting for a decision from court President Maher al-Beheiry.

Edited translation from Al-Masry Al-Youm

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Supreme Constitutional Court convenes, with fewer judges

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December 27th, 2012

The Supreme Constitutional Court convened its general assembly for the first time Thursday following the removal of seven judges as mandated by the recently approved constitution.

Article 233 of the new Constitution, which was officially approved on Tuesday, stipulates that the 10 longest-serving judges among its members make up the court, in addition to the current president. Previously the court's bench was comprised of 18 judges, some of whom are being reassigned to their previous positions.

Six members have returned to their previous jobs for other courts: Hamdan Fahmy, Ragab Selim, Mahmoud Ghoneim and Hatem Bagato as commissioners for the Supreme Constitutional Court, Hassan Badrawy  to the Court of the Cassation and Polas Fahmy to the Cairo Court of Appeals. The seventh former judge, Tahani al-Gebali, who worked as a lawyer before her appointment to the court, resumed her legal practice.  

A government source told Al-Masry Al-Youm he expects the Shura Council to pass a law delineating the powers of the Supreme Constitutional Court. The source added that this would not affect the cases currently being considered by the court.

Morsy supporters, who have staged sporadic demonstrations this month to pressure the court not to dissolve the Shura Council or the Constituent Assembly, ended their sit-in on Tuesday after the official referendum results were announced.  

The court has been in confrontation with ruling Islamists since it issued a verdict in June dissolving the Islamist-dominated lower house of Parliament, ruling that sections of the parliamentary elections law were unconstitutional.  

Edited translation from Al-Masry Al-Youm

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Update: PM refers draft law on parliamentary elections to Shura Council

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December 24th, 2012

Prime Minister Hisham Qandil said Monday that he is referring to draft laws on parliamentary elections, social insurance, Islamic bonds and labor to the Shura Council.

“We are cooperating with the legislative authority represented in the Shura Council to identify its new duties,” Qandil said after a meeting with Shura Council Speaker Ahmed Fahmy, state-run MENA news agency reported.

Qandil said he met with Fahmy to congratulate him on the new session and to discuss cooperation between the government and the council. The prime minister denied reports of an imminent Cabinet reshuffle.

State-run Al-Ahram newspaper reported earlier that the Shura Council, Egypt’s only elected legislative body, is expected to immediately discuss amendments on crucial laws such as the rules governing parliamentary elections.

The Shura Council will be tasked with the powers of issuing and amending laws, currently in the hands of President Mohamed Morsy, as soon as the formal results of the referendum are announced.

Morsy on Monday called the Shura Council to start a new season in which all members of the council should convene, the state mouthpiece said.

The Shura Council is composed of 270 members, of whom two-thirds are directly elected and one-third is appointed by the president. The president recently named his 90 appointees to the council.

The law on parliamentary elections is expected to be discussed for 15 days before being submitted to the Supreme Constitutional Court for review of its constitutionality.

The draft constitution stipulates that new People’s Assembly elections should be conducted within 60 days of the constitution’s enforcement.

Al-Ahram added that the Shura Council would also determine whether it wants to change the SCC’s jurisdiction.

 

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Minister vows to resolve judicial impasse

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December 24th, 2012

Justice Minister Ahmed Mekky on Monday said he is sad to see sieges, sit-ins and demonstrations outside courts, as well as the attack on the Judges Club.

“This is against our values ​​and traditions,” he said.

Mekky vowed to resolve the judicial crisis in consultation with the Supreme Judicial Council, and under the supervision and with the participation of the judges themselves, as soon as work is resumed.

He appealed to the media, the judiciary and all citizens to preserve the reputation of the judiciary, and to protect of the rule of law and the independence of the judiciary.

Abdallah Fathy, secretary of the Judges Club, called the minister’s statement “poor,” and said the club’s board is issuing a statement in response.

Ahmed al-Zend, the head of the Judges Club who is critical of Islamist President Mohamed Morsy’s policies, was assaulted outside the club on Sunday night by 15 people, three of whom were arrested.

The attack came hours after he led a march of hundreds of young judges and prosecutors to the Supreme Constitutional Court to demand the resignation of Prosecutor General Talaat Abdallah, while Abdallah’s supporters staged a demonstration requesting that he stay.

Earlier Monday, Qasr al-Nil Prosecution detained three suspects believed to have attacked Zend for four days pending investigations.

Palestinian Abdel Rahman Eissa, 28; Khaled Abdel Rahman, 23; and Mahmoud Metwally, along with others, allegedly attacked Zend while waiting outside the club and chanting against judges, according to investigations. The three have been charged with illegal assembly, possession of firearms and assault.

Prosecutors heard the testimonies of eight eyewitnesses who said the assailants fired shots and threw stones at Zend and members of the prosecution while they were exiting the club.

Zend has been leading the movement against what many judges see as Morsy’s attempt to curb judicial independence.

Edited translation from Al-Masry Al-Youm

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Judicial source: President to dismiss seven SCC judges within hours

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December 23rd, 2012

The president will dismiss seven judges of the Supreme Constitutional Court within hours, enforcing the draft constitution’s stipulation that the court be composed of its president and 10 oldest members, according to a judicial source.

The source added that the SCC general assembly was holding an emergency meeting to transfer four judges to the consultative body of court commissioners, and reinstate the seven dismissed members to their previous positions.

The source explained that once the constitution passes, it may not be challenged judicially, and the SCC has no jurisdiction to review its provisions.

Edited translation from Al-Masry Al-Youm

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Morsy appoints 90 members to the Shura Council

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December 23rd, 2012

President Mohamed Morsy appointed 90 members to the Shura Council, the upper house of parliament, Presidential Spokesperson Yasser Ali announced on his official Facebook page on Saturday. The appointments include senior Muslim Brotherhood leaders such as Essam al-Erian and Sobhy Saleh and military figures such as Adel Morsy, the former head of the Military Judiciary Authority. 

According to Ali, the 90 appointees include members of 17 parties, 12 of which did not have any representation in the dissolved People's Assembly. Appointees also include constitutional experts, eight women, 12 Copts, eight members of Egyptian churches, five members of Al-Azhar and two of the wounded of the revolution. 

"In continuation of the national dialogue which the president is hosting, and which agenda includes important issues, and in the context of the efforts deployed during the fourth round of this dialogue whereby the selection criteria of Shura Council appointees were discussed, the president issued a decree appointing 90 members to the Shura Council, in accordance with the law," Ali wrote. He added that the appointees represent the diversity of the Egyptian society, with civil society representatives, trade unionists, academics, legal experts, athletes, Sinai and Matrouh tribesmen and Sufi figures. 

If the current constitutional draft passes the referendum, the second phase of which will be held on Saturday, the Shura Council will be handed legislative powers until a new parliament is elected. The lower house of parliament was dissolved earlier by a court ruling, when the Supreme Constitutional Court found that the law governing the house’s elections unconstitutional. 

With the appointments, the Shura Council will be composed of 279 members, a third of whom are appointed by the president.

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Morsy approves Shura Council appointees

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December 21st, 2012

President Mohamed Morsy signed off on Friday a list of appointments of 90 public figures to the Shura Council, the upper house of parliament, the state news agency MENA reported. 

Al-Masry Al-Youm learned that the list includes members of 17 political parties, representatives from Al-Azhar and three churches, as well as tribal sheikhs from Sinai, artists and athletes. Independent political and judicial figures, and trade unionists are also represented in the list. 

Sources told Al-Masry Al-Youm that 75 percent of the list represent non Islamist figures. 

Meanwhile, Salafi Nour Party spokesperson Nader Bakkar denied that he was appointed, while activist Gameela Ismail said she declined the appointment. 

Al-Ahram state-run website reported that the Muslim Brotherhood's Essam al-Erian is among the appointees. 

If the current constitutional draft passes through the referendum, the second phase of which will be held on Saturday, the Shura Council will be handed over the power of legislation until parliament is elected. The lower house of parliament was dissolved earlier by a court ruling, when the Supreme Constitutional Court found that the law governing the house's elections unconstitutional. 

With the appointments, the Shura Council will be composed of 279 members, a third of whom are appointed by the president.

The Shura Council is currently controlled by Islamists. In February 180 members were elected, while the Supreme Council of the Armed Forces declined to appoint the remaining 90 members during the transitional period before Morsy took office.

Morsy pledged that the Shura Council appointments will be representative of all political forces, as a means to put an end to the on-going deadlock between Islamist forces and their opposition over the constitutional draft. 

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Top prosecutor backtracks on resignation, says judicial source

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December 20th, 2012

A top judicial official said Thursday that Prosecutor General Talaat Abdallah has backtracked on the resignation he submitted to the council.

Abdallah submitted a request to head of the Supreme Judicial Council Mohamed Metwally Thursday requesting the cancellation of his resignation, Supreme Judicial Council Secretary General Mohamed Eid Mahgoub said.

Abdallah told state-run newspaper Al-Ahram that he changed his mind because he had resigned under pressure from members of the prosecution, adding that capitulating to this pressure would set an unacceptable precedent.

Prosecutors rejected Abdallah's recent appointment by President Mohamed Morsy and accused him of pressuring the investigators of the presidential palace clashes between Morsy’s supporters and opponents to detain protesters without cause. East Cairo prosecutors released more than 130 suspects for what they said was a lack of evidence. 

Mahgoub said that upon Abdallah’s request, the Supreme Judicial Council held an urgent meeting Thursday at the Supreme Constitutional Court headquarters and agreed to refer the issue to Justice Minister Ahmed Mekky, according to the judicial authority law.

Judicial sources told Turkish news agency Anadolu that even if Abdallah’s resignation was accepted, he could still be among the three nominees the SJC selects for the top prosecution post. According to the 2011 constitutional declaration, the president chooses from among the three candidates the SJC nominates for prosecutor general.

Former Prosecutor General Abdel Meguid Mahmoud’s dismissal last month caused a rift between the judiciary and Morsy after he appointed Abdallah the new top prosecutor by executive order.

According to law, the president does not have the power to fire judicial officials, which prompted Morsy to issue a controversial constitutional declaration that gave him immunity against judicial oversight. Public outcry at his decision prompted him earlier this month to replace that declaration with a weaker version.

Edited translation from Al-Masry Al-Youm

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