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SCC deems Shura Council and Constituent Assembly unconstitutional
Published in Daily News Egypt on 02 - 06 - 2013

The Supreme Constitutional Court (SCC) ruled on Sunday that the formation of the Shura Council and the Constituent Assembly for drafting the constitution to be unconstitutional.
The court, headed by Judge Maher El-Beheiry postponed the implementation of the Shura Council dissolution until the elections for the House of Representatives are held.
The decision to postpone the dissolution was based upon article 230 of the new constitution that stated that the Shura Council should remain in its current formation acting as the legislative authority until a new House of Representatives is elected.
The verdict was based on the unconstitutionality of the election law for the independent members who form one third of the Shura Council.
The Court also ruled the first article of law 79 for the year 2012 concerned with the elections of the constituent assembly to be unconstitutional.
The SCC had referred the case to the Commissioners Authority of the court, an advisory body, to give legal opinion; the Authority recommended turning down the case because the new constitution safeguarded the Shura Council and gave it legislative powers.
The two cases of the Shura Council and the Constituent Assembly were referred to the SCC by the Supreme Administrative Court; the SCC had ruled last June the People's Assembly unconstitutional for the same reason related to electing the independent members.
The People's Assembly was dissolved upon the ruling.


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