A lawsuit to oblige the president of the Republic to call upon presidential elections

9^th June 2013

A lawsuit to oblige the president of the Republic to call upon presidential elections

On Sunday, 9^th June 2013 Mr. Nasser Amin, a lawyer, file a lawsuit before the Egyptian State Council, under No. 54 121 of 76 judicial year, against the President of the Republic in order to challenge on the negative decision regarding the abstention of President of the Republic to issue a decision inviting voters for the presidential elections, after the issuance of the Constitution of 2012.

Mr. Nasser Amin filed his lawsuit on the basis of the violation of the decision of the Constitution, and the breach of power, noting that all state authorities are institutional authorities established by the Constitution, and derives from it its existence and its structure because it is the main reference to determine its functions, including the presidential institution. Furthermore, the Constitution has identified a free and direct election - not a referendum - as the only way to choose the president of the republic. Therefore, the drafting of any transitional Article to enable the President to complete his term represents a violation over the constitutional right of the Egyptian to elect a new president after a new constitution. Thus the inauguration of President was done through a referendum and not through election, which is considered a breach to the constitution agreed upon by the Egyptian.

Mr. Nasser Amin pointed out that the presence of a transitional Article of the president to continue his office after the new constitution required a single referendum and not to be included in the framework of the constitutional referendum.

Mr. Amin also stated in his lawsuit that this decision is a deviation of power because it was in agreement with the Constituent Assembly, which is protected by the President from dissolution, and which immunized the president and his stay in office through the transition Article contained in the articles of the Constitution. This Article allowed existence of the president before the Constitution itself which determines the way of selecting the president and his terms of reference.

The lawsuit pointed out that the President of the Republic, knows that staying in office after the formation of a constituent authority of the country without conducting new elections to build state institutions in line with the new constitution is a violation to the legitimacy of the direct secret election and a breach to the people's right to elect the President of the Republic according to the principles, guarantees and terms of reference set by the new Constitution. Moreover, his high office prevented him from breaching the principle of subordinating all state institutions to the Constitution, and he should not responds to the violation of the legitimacy, similar to what was done by the Constituent Assembly when it provided for an article that gives him what is not worth after the issuance of the new constitution.

As stated in the lawsuit that it is not evidence to argue in the legality of not calling for a presidential elections after the new constitution, as the people accepted the referendum on the constitution on this transitional article, as it is known in jurisprudence and the judiciary that the people shall not be asked to referendum that violates the Constitution or the law, or what detracts the same constitutional rights, represented in the right of people to choose who govern them.

Mr. Amin calls upon the court to issue its ruling, to stop the implementation of the negative decision regarding the abstention of the president of the republic to issue a decision inviting voters for the presidential elections with all the consequent effects particularly the decision to open the door for nomination for the presidential elections.