6
Official Gazette – Issue No. 7 (bis) February 18, 2013
Article (113) of the Constitution says that not only shall a candidate be of Egyptian
nationality, but also he shall be "enjoying civil and political rights as well". So, in
order for this text to conform to the provisions of Article (113) of the Constitution, the
phrase "enjoying civil and political rights" shall be added.
Furthermore, item (5) of the same article says that a candidate should have fulfilled
the obligatory military service, or have been exempted from it according to the law.
Whereas Article (6) of the law on Military and National Service, promulgated by law
127/1980, sets forth that the provision of Article (1) thereof – fulfillment of military
service – does not apply to categories of which exclusion terms and conditions are
determined by virtue of a decree by Minister of Defense, according to public interest
or national security requirements. Hence, the present text allows whoever was
exempted from fulfilling the obligatory military service according to national security
requirements to be nominated for the House of Representatives. However, as long as
the latter is exempted from the fulfillment of the military service due to the
abovementioned reason, it shall not be acceptable to allow such person to be
nominated for the House of Representatives which is responsible for drafting
legislation and supervising the work of the executive authority. Therefore, the
condition stated in item (5) shall be limited to those who fulfilled the obligatory
military service or have been exempted therefrom according to law.
VI: The first paragraph of Article (9-bis“b”), replaced by Article (1) of the draft law,
stipulates that “any appeal against a decree issued by the committee established by
Article (8) of this law shall be brought before the Court of Administrative Justice
within seven days from the day marking the end of the nomination period for a
candidate, party, or list representative. The Court shall decide on the appeal within no
longer than seven days, without presenting it to the State Commissioners Authority.”
Clearly, this text aims at accelerating the process of deciding on appeals against
decisions made by committees formed according to Article (8) of the same law which
cannot be challenged. However, the stipulation requiring that the court decides on the
appeal without presenting it to the State Commissioners Authority interferes in the
work of the administrative justice body and violates independence thereof required by
Article (174) of the Constitution; where such body, upon considering the appeal, may
wish to refer it to State Commissioners Authority, while adhering to the timeline
required by the text for deciding on appeals presented thereto, i.e. seven days.
VII: Item (7) of Article (5), added to Article (2) of the draft law, stipulates that
“….He shall not be one of the leaders of the dismantled National Democratic Party
(NDP), where the word leaders here refers to whoever was a member of the NDP's
Secretariat General, Political Office, or Policy Committee on January 25, 2011, or
was a member of the People's Assembly or Shura Council during any of the two
legislative terms preceding the revolution….”
The wording of such text violates Article (232) of the Constitution which stipulates
that a candidate shall not be a leader of the dismantled National Democratic Party.
Leadership includes everyone who was a member of the Secretariat of the Party, the
Policies Committee or the Political Bureau, or was a member of the People’s
Assembly or the Shura Council during the two legislative terms preceding the 25
January revolution. Hence, stipulating that a candidate be a member during any of the