The ACIJLP decides that Shura Council has no power to Pass a law for the judicial Authority

Cairo, 21 April 2013  

The ACIJLP decides that Shura Council has no power to

Pass a law for the judicial Authority

the Arab Center for the Independence of the Judiciary and the Legal Professions (ACIJLP) arise many concerns about the status of the independence of the judiciary in Egypt at this time that is exposed to a series of serious threats, which represents a violation of the independence of the Egyptian judiciary and conditions of justice, and even a threat to the collapse of the pillars of the rule of law.

The ACIJLP expresses its great fear of the continuation of the policy of prejudice to the independence of the Egyptian judiciary, through legislation, and on the same approach that was used by the executive authority in the former regime in order to dominate the judicial Authority and interfere in its affairs by passing legislation related to the duration of judges' service and appointing, transferring and disciplining them.

The ACIJLP is also concerned about what is currently raised regarding attempts to issue a law to the judicial authority through the Egyptian Shura Council, to reduce the length of service of the judges, in spite of the fact that the Egyptian Shura Council that have the power of legislation on a temporary basis, does not represent the spectra of the Egyptian society, due to the method of electing its members and the proportion of citizens' participation in this election, which has not exceeded 7% of the voters.

The ACIJLP points out that the legislation relevant to the judicial authority, which regulate the work of the judges, by virtue of being in charge to take the final decision on the lives and freedoms of citizens and their rights, duties and property is complementary legislation to the Constitution, which requires discussion and issuance of special procedures including presented this legislation to parliament (House of Representatives and Shura Council). In addition to taking the opinion of members of the judiciary on this legislation, as decided by Article 169 of the Constitution which state that " Every judiciary body shall administer its own affairs; each shall have an independent budget and be consulted on the draft laws governing its affairs, by the means that are regulated by law".

The ACIJLP believes that the domination of the Shura Council to discuss the issuance of this law is a contravention of the provisions of Article 102 of the Egyptian Constitution, which states that "Neither of the Legislative Houses may pass a bill without seeking consultation. Each Council has the right to apply amendments and break down existing clauses or suggested amendments. Each bill passed by one of the Councils shall be passed on to the other, which in turn shall not delay it for more than 60 days, excluding the legislative recess. It shall not be considered a law unless passed by both Councils. "

The ACIJLP points out that the Shura Council solely discussion and approval of this legislation, will make it invalid.

The ACIJLP is concerned that the motive behind the issuance of this legislation in violation of the provisions of the Egyptian constitution, is to complement the chain of threats faced by the judicial authority in Egypt, which represented in the practices by the parliament of Egypt - before the issuance of a court ruling to be dissolved - or by the executive authority and whether came in the form of bills or Constitutional declaration, or even those contained in the Egyptian constitution in 2012. This episode came as an attempt to exclude and remove certain judges from office, in a breach to the international covenants and legislation related to the independence of the judiciary, in particular the United Nations Basic Principles on the Independence of the judiciary.

The ACIJLP calls upon the concerned Egyptian authorities to pay attention to legislation relevant to the judicial authority and to take into account the particular rules of this legislation so that the judicial authority shall have full jurisdiction on all issues of a judicial nature, and be the only one who has the power to decide on all matters with regard to its members, and the need to enjoy full independence from the legislative and executive authorities.