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Constitutional Debates in Egypt

Constitutional Debates in Egypt
In spite of the fact that Egypt Legal Update normally does not address legislative change that does not pertain directly to economic activities, there are often issues and subjects of such legal importance that require commentary in view of their potential effect on the overall economic environment. In this context, the constitutional debates which occurred over the last month with respect to Parliament and to the powers of the President had – and continue to have – an impact on Egypt’s overall political and economic prospects, and it is for this reason that this issue of Egypt Legal Update will briefly describe their legal context.
The Constitutional Assembly
In accordance with Article (60) of the Constitutional Declaration issued in 30 March 2012, the Constitutional Assembly which is entrusted with drafting Egypt’s new Constitution and submitting it to popular referendum, is composed of one hundred members, elected by the members of both houses of Parliament. A first Constitutional Assembly was in fact elected but, following the withdrawal of some of its members in protest of its composition, a court decision by the administrative court announced that it is to be annulled. Accordingly, both houses of Parliament met again on 12 June 2012 and issued a new decision with the election of one hundred principal members and fifty alternate members to the new Constitutional Assembly.[1] Thus a second Committee has been formed, and continues to be in operation.
Presidential Elections
The Presidential Elections took place in accordance with the provisions of the Constitutional Declaration of 30 March 2012, and were held on May 23rd and 24th, 2012. The results were announced by decision of the Presidential Election Committee No. 28 of 2012.[2] This Decision stated that a second round would be held on June 16th and 17th, 2012 between the two contenders with the highest votes during the first round, i.e. Dr. Mohamed Morsi and Dr. Ahmed Shafik. At the end of the second round, the Committee issued Decision No. 35 of 2012 declaring Dr. Mohamed Morsi El Ayyat as Egypt’s elected President.[3]
The Dissolution of Parliament
Following the Parliamentary elections, a number of lawyers and political activists filed a number of cases in front of the Supreme Constitutional Court requesting Parliament to be annulled on grounds of the unconstitutionality of the Election Law No. 38 of 1972, amended by Decree-Law No. 120 of 2011. On 14 June 2012, the Supreme Constitutional Court declared the unconstitutionality of the Law and Parliament was dissolved.[4] Accordingly, the Supreme Council for the Armed Forces issued Decision No. 350 of 2012 declaring the Parliament dissolved as of 15 June 2012.[5]
The Supplementary Constitutional Declaration
As a result of the “constitutional void” that arose following the dissolution of Parliament and the ensuing absence of a legislative authority, the Supreme Council for the Armed Forces ("SCAF") issued – on 17 June 2012 – a Supplementary Constitutional Declaration,[6] which included the following key amendments to the original Constitutional Declaration dated 30 March 2011:
  • The transfer back of legislative authority from the dissolved Parliament to SCAF, until a new Parliament is elected.
  • The swearing-in of the new President in front of the Supreme Constitutional Court.
  • The jurisdiction of SCAF over all military matters until a new Constitution is enacted.
  • The granting to SCAF of the power to compose a new Constitutional Assembly if, for any reason, the current one fails to perform its duties, such as if it is dissolved by court order again.
  • The granting of the power to veto any of the provisions of the new Constitution to the President, the Chairman of SCAF, the Prime Minister, the Chairman of the Supreme Council for Judicial Authorities, or one fifth of the current Constitutional Committee if it is considered to be “in contravention of the goals of the Revolution and its basic principles which achieve the highest interests of the nation, or of the constitutional principles previously established in preceding Egyptian constitutions”. In case of persistent disagreement over this objection with the Constitutional Committee then the Supreme Constitutional Court shall determine the outcome.
  [1] Houses of Parliament’s Decision No. 1/2012 on the election of new members to the Constitutional Assembly, Official Gazette, Issue No. 24 (cont.) (b), 14 June 2012. [2] Presidential Election Committee’s Decision No. 28/2012 on the results of the Presidential Elections which were held on May 23rd and 24th, 2012, Official Gazette, Issue No. 21 (bis) (a), 28 May 2012. [3] Presidential Election Committee’s Decision No. 35/2012 on the results of the Presidential Elections which were held on June 16th and 17th, 2012, Official Gazette, Issue No. 25 (bis), 25 June 2012. [4] Supreme Constitutional Court Rule for Case No. 20/34 declaring the unconstitutionality of some articles of Law No. 38/1972 and Decree-Law No. 120/2011, Official Gazette, Issue No. 24 (cont.) (a), 14 June 2012. [5] SCAF Decision No. 350/2012 declaring the Parliament dissolved as of 15 June 2012, Official Gazette, Issue No. 24 (bis) (a), 18 June 2012. [6] SCAF Constitutional Declaration amending certain provisions of the Constitutional Declaration dated 30 March 2011, Official Gazette, Issue No. 24 (bis), 17 June 2012.
In spite of the fact that Egypt Legal Update normally does not address legislative change that does not pertain directly to economic activities, there are often issues and subjects of such legal importance that require commentary in view of their potential effect on the overall economic environment. In this context, the constitutional debates which occurred over the last month with respect to Parliament and to the powers of the President had – and continue to have – an impact on Egypt’s overall political and economic prospects, and it is for this reason that this issue of Egypt Legal Update will briefly describe their legal context.
The Constitutional Assembly
In accordance with Article (60) of the Constitutional Declaration issued in 30 March 2012, the Constitutional Assembly which is entrusted with drafting Egypt’s new Constitution and submitting it to popular referendum, is composed of one hundred members, elected by the members of both houses of Parliament. A first Constitutional Assembly was in fact elected but, following the withdrawal of some of its members in protest of its composition, a court decision by the administrative court announced that it is to be annulled. Accordingly, both houses of Parliament met again on 12 June 2012 and issued a new decision with the election of one hundred principal members and fifty alternate members to the new Constitutional Assembly.[1] Thus a second Committee has been formed, and continues to be in operation.
Presidential Elections
The Presidential Elections took place in accordance with the provisions of the Constitutional Declaration of 30 March 2012, and were held on May 23rd and 24th, 2012. The results were announced by decision of the Presidential Election Committee No. 28 of 2012.[2] This Decision stated that a second round would be held on June 16th and 17th, 2012 between the two contenders with the highest votes during the first round, i.e. Dr. Mohamed Morsi and Dr. Ahmed Shafik. At the end of the second round, the Committee issued Decision No. 35 of 2012 declaring Dr. Mohamed Morsi El Ayyat as Egypt’s elected President.[3]
The Dissolution of Parliament
Following the Parliamentary elections, a number of lawyers and political activists filed a number of cases in front of the Supreme Constitutional Court requesting Parliament to be annulled on grounds of the unconstitutionality of the Election Law No. 38 of 1972, amended by Decree-Law No. 120 of 2011. On 14 June 2012, the Supreme Constitutional Court declared the unconstitutionality of the Law and Parliament was dissolved.[4] Accordingly, the Supreme Council for the Armed Forces issued Decision No. 350 of 2012 declaring the Parliament dissolved as of 15 June 2012.[5]
The Supplementary Constitutional Declaration
As a result of the “constitutional void” that arose following the dissolution of Parliament and the ensuing absence of a legislative authority, the Supreme Council for the Armed Forces ("SCAF") issued – on 17 June 2012 – a Supplementary Constitutional Declaration,[6] which included the following key amendments to the original Constitutional Declaration dated 30 March 2011:
  • The transfer back of legislative authority from the dissolved Parliament to SCAF, until a new Parliament is elected.
  • The swearing-in of the new President in front of the Supreme Constitutional Court.
  • The jurisdiction of SCAF over all military matters until a new Constitution is enacted.
  • The granting to SCAF of the power to compose a new Constitutional Assembly if, for any reason, the current one fails to perform its duties, such as if it is dissolved by court order again.
  • The granting of the power to veto any of the provisions of the new Constitution to the President, the Chairman of SCAF, the Prime Minister, the Chairman of the Supreme Council for Judicial Authorities, or one fifth of the current Constitutional Committee if it is considered to be “in contravention of the goals of the Revolution and its basic principles which achieve the highest interests of the nation, or of the constitutional principles previously established in preceding Egyptian constitutions”. In case of persistent disagreement over this objection with the Constitutional Committee then the Supreme Constitutional Court shall determine the outcome.
  [1] Houses of Parliament’s Decision No. 1/2012 on the election of new members to the Constitutional Assembly, Official Gazette, Issue No. 24 (cont.) (b), 14 June 2012. [2] Presidential Election Committee’s Decision No. 28/2012 on the results of the Presidential Elections which were held on May 23rd and 24th, 2012, Official Gazette, Issue No. 21 (bis) (a), 28 May 2012. [3] Presidential Election Committee’s Decision No. 35/2012 on the results of the Presidential Elections which were held on June 16th and 17th, 2012, Official Gazette, Issue No. 25 (bis), 25 June 2012. [4] Supreme Constitutional Court Rule for Case No. 20/34 declaring the unconstitutionality of some articles of Law No. 38/1972 and Decree-Law No. 120/2011, Official Gazette, Issue No. 24 (cont.) (a), 14 June 2012. [5] SCAF Decision No. 350/2012 declaring the Parliament dissolved as of 15 June 2012, Official Gazette, Issue No. 24 (bis) (a), 18 June 2012. [6] SCAF Constitutional Declaration amending certain provisions of the Constitutional Declaration dated 30 March 2011, Official Gazette, Issue No. 24 (bis), 17 June 2012.