organization:supreme constitutional court

Egypt : Supreme Constitutional Court validates Tiran and Sanafir treaty, overturns previous rulings | MadaMasr

▻https://www.madamasr.com/en/2018/03/04/feature/politics/supreme-constitutional-court-validates-tiran-and-sanafir-treaty-overturns-

The current legal contest over the maritime border demarcation agreement transferring sovereignty of the Tiran and Sanafir islands to Saudi Arabia was brought to a close on Saturday, when the Supreme Constitutional Court (SCC) issued two verdicts that effectively overturned previous rulings, favoring cession of the islands.

This decision has ended the protracted judicial dispute over the deal that kicked off in 2016 and opened onto several fronts, according to lawyer Tarek Negeida. He adds that the next stage in legally contesting the agreement is likely to begin and could take years to resolve.

The first of the SCC’s Saturday verdicts rejected two lawsuits filed by the Egyptian State Lawsuits Authority (SLA), the body which represents the government in judicial proceedings. The suits contested the State Council’s jurisdiction over the case, pertaining to two previous rulings issued by administrative courts, on the basis that the deal can be categorized as a “sovereign action.”

The first State Council ruling was issued by the Court of Administrative Justice (CAJ) in June 2016, invalidating the prime ministers’ signature on the agreement. The second came in January 2017 when the appellate circuit of the Supreme Administrative Court (SAC) upheld the June decision and ruled that the executive branch of the government does not have the administrative authority to cede territory to Saudi Arabia.

Egypt’s SCAF and the Curious Case Against Konsowa - Carnegie Endowment for International Peace

▻http://carnegieendowment.org/sada/75353?mkt_tok=eyJpIjoiTkRNMk5tRmxNMlkxWVdJNSIsInQiOiI0TXVEdzY5ekl

The Egyptian military is exploiting legal loopholes and bureaucratic mechanisms to control which military personnel can exercise their constitutional right to political participation.
January 25, 2018
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On December 3, a few days after Colonel Ahmed Konsowa announced in a YouTube video that he intended to run against Abdel Fattah el-Sisi in the upcoming Egyptian presidential election, he was detained and put on a military trial for announcing his bid while still serving in the military. In an uncharacteristically prompt trial on December 19, he was sentenced to six years in prison and is now awaiting an appeal before a military court.

Konsowa, who had previously tried to resign from the military to run in the 2015 parliamentary elections, is not the only presidential hopeful to face dire consequences for his intentions. After declaring his decision to run, Ahmed Shafik—Egypt’s former prime minister and air force pilot who ran in the 2012 presidential election—was deported from the UAE and held incommunicado for 24 hours upon his return to Egypt. Following this episode, he indicated he no longer wishes to participate. Sami Anan, the former Chief of the General Staff of the Armed Forces, was detained on January 23 after announcing his intention to run for president, and is now accused of incitement against the military and of violating military code. Khaled Ali, a prominent lawyer, withdrew on January 24, citing the absence of a democratic process or any possibilities for competition. Sisi currently stands unchallenged.

Military officers, though not banned from political participation, have to resign from the military before running for any office. In May 2013, the Supreme Constitutional Court upheld the constitutional right of Egyptian military and police personnel to political participation—thereby rejecting a draft law by the then Islamist-dominated Shura Council that would have denied military and police personnel their right to vote. The court’s decision made clear the difference between denying the right to vote based on “temporary and objective” conditions (such as age or mental disability) and depriving an entire group of people (such as military personnel) of a right. The law was thus rejected on basis of preventing discrimination. In addition, the court explained that exempting citizens based on the nature of their employment further impinges on the right to work, which is also protected by the Egyptian constitution.

Egypt : Constitution committee discusses role of Al-Azhar | Mada Masr
Le mufti d’Al Azhar aurait refusé la modification proposée de l’Article 4 de la Constitution.
▻http://www.madamasr.com/content/constitution-committee-discusses-role-al-azhar

Prior to the work of the 50-member committee, a 10-expert committee had recommended that the Supreme Constitutional Court be the sole arbiter on the constitutionality of laws. This proposition removes Al-Azhar’s role as an arbiter on the interpretation of Sharia, which was one of the stipulations of the 2012 Constitution drafted by a mostly Islamist constituent assembly.

#AlAzhar #sharia #charia #islam #constitution #Egypte