Google+ Followers

Wednesday, March 13, 2013

Egypt’s Presidency to appeal the Administrative Court’s decision over suspending of elections

Egyptian Parliament

Egyptian State Lawsuit Authority (ESLA) has appealed the decision of Egypt’s High Administrative Court over the suspending of the parliamentary elections scheduled for 22 April 2013. The appeal was filed on behalf of Egyptian President Mohamed Morsy.

It’s worth mentioning that Egypt’s Administrative Court has issued a ruling several days ago to suspend the date of the parliamentary elections due to the unconstitutionality of the recently approved electoral law. Egypt’s Upper House of Parliament (Shura Council) which has now the legislative authority is working on the issue of the amending or rewriting of the electoral law. There were reports that Shura Council is willing to write the new version of the electoral law what would allow not to delay the date of the parliamentary elections so much, comparing to the procedure of the amending the law.

Egypt’s Presidency announced recently that it respects the judiciary and the decisions of the Court, but ESLA currently used the right to appeal this decision. The hearing for the appeal is scheduled for 17 March 2013.

Here is the Ahram Online’s piece giving more details on the issue. The article is originally published here.

Egypt Presidency appeals parliamentary elections suspension

Egypt's Supreme Administrative Court (SAC) schedules a hearing for the appeal on 17 March

Ahram Online , Wednesday 13 Mar 2013

The Egyptian State Lawsuit Authority (ESLA) has appealed a ruling made by the Administrative Court suspending parliamentary elections, which were called for by President Mohamed Morsi in February.

The ESLA appealed the ruling on behalf of the Egyptian president, the minister of justice and the head of the Shura Council, Egypt's upper house of parliament, which temporarily holds legislative powers.

The Supreme Administrative Court (SAC) has scheduled a hearing for the appeal on 17 March. The hearing will combine the president's appeal with another already submitted by former MP Mohamed El-Omda.

The ruling suspending elections came following amendments by the Shura Council to the electoral law governing elections to the House of Representatives, Egypt's lower house of parliament, after the High Constitutional Court (HCC) had rejected five articles in the new law.

The amendments were passed without a further review by the HCC, and accordingly the Administrative Court suspended the polls, which were scheduled for April, and required the law be referred to the HCC a second time for approval.

After the ruling, the presidency stressed in a statement its "respect for the Administrative Court ruling to suspend elections for parliament's lower house and refer the electoral law back to the constitutional court."

It went on to reaffirm "its respect for [Egypt's] constitution, the rule of law and the separation of powers." The statement was seen as an indicator it would not appeal the ruling.

The ESLA automatically appeals any judicial ruling against a presidential or governmental decree, except when the governmental party requests the ESLA refrain from appealing.