March 27th, 2012 by Editor
On March 27, 2012, the administrative court discussed the appeal no. 26954, year 2012, registered under no. 66, submitted by Mr. Hafez Abu Seada, attorney at law, the head of the Egyptian Organization for Human Rights (EOHR), on forming the National Constitutional Assembly, %50 parliamentarians and %50 non-parliamentarians.
On March 5, 2012, EOHR filed the lawsuit before the administrative court. EOHR called the Supreme Council for Armed Forces to cancel its decision on the selection of the National Constitutional Assembly’s members from among the elected parliamentary members.
The session was attended by a group of the constitutional law professors including, professor Gaber Gad Nassar, Professor Yahia Al Gamal, Professor Tharwat Badawi, Sameh Ashour, the head of the Egyptian Bar Association, Khaled Ali, the prospective presidential candidate, Essam Al Islamboli, attorney at law and Dr. Shawki Al sayed, legal expert. The court area witnessed a wide range protest against the formation of the national constitutional assembly. The protest included the members of April 6 Movement.
The appeal of Mr. Hafez Abu Seada, the head of the Egyptian Organization for Human Rights (EOHR) included many reasons:
– The issue of forming the national constitutional assembly is not under the powers of the parliament, according to the Egyptian constitution.
– This decision does not comply with the international standards emphasizing on equal opportunities and the Egyptian national constitutional declaration, article 60, issued in March 2011. Each political group should take-part in the constitutional assembly in order to have the constitution that reflects the points of view of the majority.
The negative effects of this kind of formation include:
1- The selection of the national constitutional assembly’s members from among the parliamentarians will lead to giving the power to the legislative authority only.
2- The formation process will be non-constitutional if only the parliamentary members from the national constitutional assembly.
3- The majority of the parliamentarians belong to few political parties; so they will come with a constitution does not meet the desires of the public.
4- Power monopoly will lead to imbalance, even after the Egyptian revolution.
Mr. Hafez Abu Seada, the head of EOHR, stated that the parliamentary decision for formation of the National Constitutional Assembly will lead to inequality of opportunities between the different national political powers. This will not comply with the international standards emphasizing on equal opportunities and the Egyptian national constitutional declaration, article 60, issued in March 2011. Each political group should take-part in the constitutional assembly in order to have the constitution that reflects the points of view of the majority. Abu Seada confirmed that the Egyptian parliament includes majority of Freedom and Justice Political Party, which means that, Muslim Brotherhood will mainly form the Egyptian assembly and draft the constitution too. The intended constitution will meet the ambition and goals of the Islamists only and the minorities will not be represented. That means the rights of the minorities within the intended constitution will not be tackled.
By the end of the session, Mr. Hafez Abu Seada submitted a detailed memorandum demanding:
First: cancellation of the parliamentary decision on forming the National Constitutional Assembly, %50 parliamentarians and %50 non-parliamentarians. The court decision should be executed without having any decision issued by any executive authority.
Second: cancelling the decision issued by the SCAF for forming the constitutional assembly and all of its consequences.
At the evening of the same day, the court postponed the lawsuit discussion and the declaration of the verdict to April 10, 2012.
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