The ACIJLP welcomes the Verdict of Egypt State Council On formation of the Constituent Assembly

Cairo, 10^th April 2012

The ACIJLP welcomes the Verdict of Egypt State Council

On formation of the Constituent Assembly

The Arab Center for the Independence of Judiciary and the Legal Profession (ACIJLP) received with great satisfaction the verdict issued by the Administrative Court on Tuesday 10^th April 2012, on the formation of the Constituent Assembly for drafting the Egyptian constitution, to suspend the implementation of the decision to form the Constituent Assembly and accept the challenge presented to the Administrative Court, which considered the decision of the Parliament regarding choosing half of the members of this assembly from the members of People's Assembly and Shura Council, "wrong administrative decision which is tainted by deviation in the use of power."

The ACIJLP believes that this verdict is a victory for the formation standards of Constituent Assemblies to draft Constitutions in general. The ACIJLP also believes that such verdict is a victory and a confirmation of the verdict of the Supreme Constitutional Court and emphasis to the principle of supremacy of the Constitution Constituent Assembly, which draft it over the State authorities.

The ACIJLP welcomes this verdict and emphasizes the role of the Egyptian State Council on the protection of public rights and freedoms, and indicates that its verdict is the last secure fence and fortress for many civil and political rights as well as economic, social and cultural rights.

The ACIJLP believes that the support of the independence of Egypt State Council and maintaining it is considered one of the most important judicial and national mechanisms to protect the rights and public freedoms. Moreover, such support must be a priority of the coming Constitution, given the importance of its role and provisions, which is consistent with many of the international conventions and commitments relevant to human rights.

A number of lawyers, political activists and public figures, has filed an appeal to the Administrative Court, demanding in a hurry to stop the implementation of the decision of the Egyptian parliament regarding the formation of the 100-member constituent assembly to draft the Constitution of Egypt - in accordance with Article 60 of the Constitutional Declaration - of fifty members of parliament and fifty members from outside, and the consequent effects and the execution of the verdict without declaration.