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Official Gazette – Issue No. 7 (bis) February 18, 2013
Whereas Article (236) of the Constitution stipulates that "All constitutional
declarations issued by the Supreme Council of the Armed Forces and by the President
of the Republic from 11 February 2011 to the date of the enforcement of the
Constitution are hereby repealed….” Thus, the constitutional basis that allowed the
assignment of the polling and counting processes to members other than those of
judicial bodies was annulled as of the enforcement date of the new constitution.
Therefore, the provisions of the new constitution should be applied, taking into
consideration that they do not include such exception.
Based on the Aforementioned Reasons,
The Court Has Hereby Decided:
First: Article (2), paragraphs (1) and (4) of Article (3) replaced by Article (1) of the
draft law, item (7) of Article (5) added by Article (2) of the draft law, and Article (3bis”L”) added by Article (7) of the draft law contradict the provisions of the
Constitution as illustrated in the reasons stated above.
Second: paragraph (6) of Article (3) replaced by Article (1) of the draft law, items (1)
and (5) of Article (5), paragraph (1) of Article (9-bis”B”) replaced by Article (1) of
the draft law, Article (18-bis) added by Article (3) of the draft law, and paragraph (2)
of Article (29) of law No. 73/1956 as well as paragraph (2) of Article (36) of the same
law replaced by Article (6) of the draft law comply with the Constitution provisions
according to the interpretation provided by this Court in the abovementioned reasons.
Secretary
Court President