The Constitutional Declaration threatens the republican system and undermining the judiciary

Cairo, 27^th November 2012 

The Constitutional Declaration threatens the republican system and undermining the judiciary

The Arab Center for the Independence of the Judiciary and Legal Professions (ACIJLP) calls upon the Egyptian President to withdraw the Constitutional Declaration issued on Thursday, 22^nd November 2012 due to the contents of this document which does not only undermine the pillars of the judiciary, but also dangerous threatens the republican system and state of law which based on the separation of powers, the rule of law and respect for court rulings.

the ACIJLP indicated that the contents of the document referred to by the President of the Republic, put his decisions away from any judicial supervision and public rights and freedoms without exception in the crossfire of any decisions relevant to the rights and freedoms issued the President in this regard, especially after completely eliminating the right to litigation and the right of a person to appear before the courts.

The ACIJLP believes that limiting the decisions of the president related to the work of sovereign of judicial supervision does not justify the document issued by the President of the Republic, as it is known in law that the judiciary is responsible for setting the standards of what is considered as sovereign decisions or not, in addition to that theory of sovereignty has been eroded to allow for the judiciary to impose judicial supervision on most of the decisions of the President of the Republic.

The ACIJLP declares its dissatisfaction from invoking these flimsy reasons which cannot be in any way an excuse to eliminate the state of the law and to threat republican system applicable in Egypt since the fifties of the last century, as well as eliminating the existence of one the three powers of the State of law, which is the judicial authority.

The ACIJLP also expresses its strong dissatisfaction of this precedent, which has never seen in the most dictatorial regimes throughout history, represented in the dominance of any system, whether a monarchy or a presidential system over the three main state authorities: the executive and legislative authorities in light of undermining the existence of the judiciary completely.

The ACIJLP believes that the excuse to issue this document under the pretext of protecting the revolution, does not find an a justified evidence in practice, because the demands before the 25^th January Revolution calls upon the subordination of the decisions of the president to declare a state of emergency to the control of the judiciary, as well as to prevent any interference in the affairs and works of the judiciary, a matter which is in contravention with the nature of the document issued by the President.

The ACIJLP expresses its full dissatisfaction regarding what is contained in the provisions of this document and hoped that the institution of the presidency in Egypt will obviate this flagrant violation of all international and regional norms and standards, the existing constitutional principles related to judicial independence, and the withdrawal of this document in respect for the rule of law, the republican system, the independence of the judiciary and Egypt's international commitments. The ACIJLP is dissatisfied by the Egyptian president's insistence on continuing to work with this document in blatant defiance of all norms and conventions.

The ACIJLP is concerned about the fact that the insistence of the Egyptian president to work with this document may be a beginning to the presence of an authoritarian repressive regime, based on the concentration of all the powers and institutions of the state in the hands of top executive authority represented by the President of the Republic of Egypt, a matter which may lead to the deterioration of the human rights situation and the situation of justice in Egypt.

The ACIJLP expresses its full solidarity with the demands of Egypt's judges, and civil society activists to ensure real and effective independence of the judiciary and non-interference of any power in the affairs of the judges. Thus, the ACIJLP calls upon the president to withdraw this document, if there is a real political will to support the republican system and the rule of law

The ACIJLP calls upon the Egyptian president to withdraw this document in respect of Egypt's international commitments related to the independence of the judiciary and respect for human rights.