Amendment of the Supreme Constitutional Court’s law

May 17th, 2012 by Editor

The Egyptian Organization for Human Rights (EOHR) refuses the proposal of amendment for the Supreme Constitutional Court’s law no. 48, year 1979. On May 15, 2012, the Complaints and Proposals’ Committee of the People’s Assembly received the proposal submitted by two parliamentarians from Al Nour Salafi Political Party and referred the law to the Legislative Committee for discussion.

The proposed amendments contradict with the principals of independence of the Egyptian judiciary. These principals comply with the international judiciary standards like the Universal Declaration for Human Rights, article 10 and Universal Declaration of independence of the judiciary, year 1985. The Egyptian constitutional declaration issued on March 30, 2011 stressed on the principals of independence of the Egyptian judiciary, articles 46 and 47. The proposed amendment is against the principals of separation of executive, legislative and juridical powers. The proposed law also is against the judges’ removal immunity. Article no. 25 of the proposed law enables the legislative power to activate new codes without referring those codes to the constitutional court for approval; which means non-constitutional laws will exist in Egypt. Laws cannot get outside the constructional umbrella; the constitution is the main law and the reference of all the codes in the state. This draft law will pave the road towards issuing codes violate human rights and freedoms. The other serious problem is freezing the decision of the Supreme Constitutional Court of dissolving the non-constitutionally-formed parliament.

In this concern, EOHR refuses this proposal that represents an aggression of the parliament against the Egyptian judiciary. The idea of providing the parliament with all powers is not accepted. The proposal came as a reaction to discussing the political isolation code and the Supreme Constitutional Court decision against the constitutionality of the election code, under which the parliamentary elections of 2011 – 2012 were conducted.

Mr. Hafez Abu Seada, the head of EOHR, stated that the proposed law is the last resort for the parliament in order to protect itself against dissolving. The political isolation code prevents people related to the old regime from joining the parliament, as members. The parliament protects itself against the judicial and executive powers and imposes control over both of them. Abu Seada emphasized that the parliament should commit literally to the oath, which mentions respect of the constitution, laws and the republican system and not to issue any laws violate the standards of human rights and freedoms.

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