Tactical moves on Yemen's front    Art Alert: Hany Rashed's gypsum sculptures at Mashrabia gallery    Turkey sentences 74 to life in prison in post-coup case: Anadolu    Egypt disburses EU loan for new sanitation stations in Fayoum    Fans celebrate birthday of Arab music icon Fairouz    COP 14 participants discuss conserving migratory species, traditional handicrafts    Non-governmental initiatives presented in BISF attract visitors of COP14    US companies likely to boost their energy investments in Egypt    Egypt's initiative aims to organise application of Rio conventions, not actual combination: COP14    Cairo International Film Festival's 40th Edition: ambition, anticipation    Addressing red tape lasts longer: Shafiey's Intense Practice to Improve Performance    Memorabilia Paraphernalia: photography exhibition diving into one's memoirs    Martin O'Neill and Roy Keane part ways with Ireland national team    Saudi Arabia launches project to boost sustainable tourism-related jobs    FIFA ethics judge arrested in Malaysia in corruption case    Egypt to host 12th round of Egyptian-Russian joint committee in April    U.S. seeks to disrupt Iran-Russia network over oil sent to Syria    Al-Maagana    Welbeck injury could force Arsenal into January spending    Afghans try to identify group behind attack on clerics, toll climbs to 55    Egypt's FM heading to Bulgaria Wednesday to discuss bilateral relations    Egypt's Grand Mufti, UK's Lord Ahmad of Wimbledon discuss combating extremism    European markets close sharply lower; Germany's DAX falls 1.6%    Dow plunges over 500 points, erases gain for 2018    Oil bounces by $1 per barrel after 6% plunge, but outlook still weak    Saudi leadership's alleged involvement in Khashoggi murder claims has ‘no basis in truth': FM    Shoukry in Bulgaria to address enhancing cooperation, combating illegal immigration, terrorism    Eni completes production tests for 9th Zohr field well    Investment minister, World Bank mission confer on Upper Egypt development program    Sisi greets Egyptians on Prophet Mohammad's birth    Germany show their future but are haunted by their past    Egypt signs framework document for negotiations on FTA with Eurasian countries    Nations League: Van Dijk goal steals late point despite German dominance    Mohamed Salah keeps Egypt dreaming    Egyptians celebrate Prophet Mohammad's birth but miss sugar dolls    IN PHOTOS: Egyptian falconers celebrate World Falconry Day    Recent Egypt vs Tunisia 3-2 Match Highlights , Goals    Five killed, 12 injured in traffic accident in Egypt's Aswan    Marvel remembers the Legacy of Stan Lee    Egypt's PM meets Ethiopian counterpart in Addis, conveys message from Sisi    Madbouly delivers presidential letter to Ethiopian counterpart during 11th AU Extraordinary Session    Iron curtain blues: Films on the cold war in Cairo's 11th Euro Panorama    French protesters rail against Macron's fuel taxes with road blocks    Egypt's Sisi attends funeral service for police officer Satea El-Noemany    Salah's composed finish gives Egypt exciting 3-2 win over Tunisia    Religious issues in parliament    Military court postpones verdict in ‘Al-Sisi assassination' case    An initiative on the Nile    







Thank you for reporting!
This image will be automatically disabled when it gets reported by several people.





High Administrative Court questions constitutionality of Emergency Law articles
The articles regarding judicial authorities raised concerns about the separation of powers
Published in Daily News Egypt on 21 - 05 - 2017

The High Administrative Court referred on Saturday articles 12, 14, and 20 of the Emergency Law concerning the judicial powers of the president and the executive authorities to the Constitutional Court to address its constitutionality, according to local media.
The decision comes after lawyer Khaled Ali appealed a decision by Prime Minister Sherif Ismail, who revoked a court order of a defendant, an authority of which the Prime Minister gained through the Emergency Law of 1985.
The three articles state that no appeal should be considered for verdicts by State Security Courts, such verdicts would not be final until the president ratified them, while the president also has the rights to repeal verdicts and decide on other sentences.
Judge Hamdy Yassin of the State Council stated on his Facebook page that with such a decision, the State Council laid 8 points concerning the independence of the judiciary.
These points included the illegality of the president's or the executive branches of the country's interference in any court ruling, and the parliament's support of the executive power in repealing any judicial ruling, as well as assuring that the only authority that can repeal a judge's decision is another judge.
Former head of the State Council Mohamed Hamed Al-Gamal told Daily News Egypt that the the president has several powers, including introducing draft laws to parliament, hence, if the final ruling came against his will, he could introduce a draft law to the parliament regarding the issue.
Al-Gamal also explained that the Administrative Court's ruling did not conflict with national security, adding "what does this have to do with national security? This is a purely judicial issue."
"The conflict between the state and the judiciary started when the parliament introduced a draft law for the judicial authority," Al-Gamal added, describing the referenced law as "unconstitutional."
President Abdel Fattah Al-Sisi ratified in April the parliament's amendments to the Judicial Authority Law, which granted him the power to select the heads of judicial authorities after their general assemblies nominate the three most senior judges.
Judicial bodies expressed their rejection to the new amendments and described it as a violation to the independence of the judiciary.
Furthermore, the State Council's general assembly only nominated one candidate to head the council, instead of selecting three, as stipulated by the new amendments to the Judicial Authority Law.
On the other hand, concerning the state of emergency, the Cabinet approved it in April after Al-Sisi announced it in a speech following the attacks on Palm Sunday against Mar Girgis Church in Tanta and St. Mark's Coptic Orthodox Cathedral in Alexandria, both of which combined led to the death of more than 40 people and the injury of 100.
The Emergency Law is comprised of 20 articles, which expand the authorities of the president and of the executive branches of the state concerning security measures.


Clic here to read the story from its source.