BREAKING: Egypt's Sisi addresses imbalance in UN credibility for Arabs, Africans in front of General Assembly    Not in Britain's national interest to hold election: UK PM May    UPDATED: Rouhani says Iran wants no war, sanctions, threats, or bullying    Barca coach Valverde says Messi the best despite Modric award    Higher education min. meets JICA official in Cairo    Israeli Army to continue anti-Iran strikes in Syria    UN warns of dire consequences of humanitarian crisis in Libya's Tripoli    Cabinet denies rejecting submission of textbooks to students until payment of fees    Oil prices and interest rates rise, but US stocks are mixed    Best FIFA Awards 2018    FIFA Best Awards 2018: Modric wins best player    Van Dijk faces fitness test ahead of Chelsea clash    Rossi faces one-year ban for doping case in Italy    SECON to execute Blue Vert in Egypt new capital in Q4    Huge archaeological building unearthed in Mit Rahina    Bakhtiar: Pakistan seeks a new era of economic cooperation with Egypt    Efforts to counter black cloud bearing positive results    Breaking the silence    A cultural note - Sound of Naples in Cairo    Cassation Court explains reasons exonerating Farouq Hosni of graft charges    Aquarius migrant ship cannot dock in French port: minister    UK's May to meet Trump in New York to discuss Brexit and trade    Orascom Investment to complete land plot contract with Housing Ministry    Wenger put the 'Arsenal Way' above winning, says Cech    Egypt cancels auction of 5- and 10-year treasury bonds    Science literacy as important as science itself    Monk accused of killing bishop pleads ‘not guilty'    Egypt to host meetings of World Franchise Council in November    Malaysian palm oil mission discusses boasting cooperation in Egypt    Egypt presented its response to WGEID, defended position in enforced disappearances allegations    Egypt retrieves stolen relief carved with cartouche of King Amenhotep I from Karnak temple    Court of Cassation approves prison sentences against 135 defendants in Kerdasa violent clashes    Armed Forces men shield and sword of homeland in facing terror – General Zaki    Enhancing Egyptian unity    Bashir grants Order of Two Niles to Egypt's amb.    Best in football: Egyptian Salah competes for Best FIFA's Awards 2018    The Angel should be dealt with in a serious way, we should understand what message Israel tries to send: Tarek Fahmy    Egypt's agriculture minister calls for necessary preparations to face possible winter floods    Cairo's 25th Experimental Theatre Festival closes with honors of longtime supporters    The Angel, orientalism by ignorance    U.S. envoy Haley rejects Iran blame over parade attack    22 million Egyptian students start school year with new educational system    Egypt parliament to convene on Tuesday for fourth legislative session    11th Samaa Inshad Festival opens at Cairo Citadel    Court rejects reconciliation proposal of Mubarak and his sons in Presidential Palaces case    Bundesliga sides have reasons to be cheerful after European exploits    Egypt ambassador to Norway inaugurates ancient Egyptian artefacts exhibition in Oslo    Misconceptions of the Rabaa trial    







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.