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Official Gazette, Issue 24 App (a) on 14 June 2012
extent as stated before, and Article 1 of the Decree Law 123, of the year 2011,
appealed against, are in violation of the aforementioned provisions of the
Constitutional Declaration, which requires ruling them unconstitutional.
Whereas ruling Article 1 of the Decree Law 123, of the year 2011, unconstitutional is
definitely followed by and necessitates repealing the provision of Article 2 of the
Decree Law, which is closely related to it in a way that does not allow any separation
or division.
Whereas this had occurred, and the elections for the People’s Assembly had
taken place based on provisions established to be unconstitutional, the
significance and necessity of this – as established in the administration of justice
in this court - are that the formation of the whole Assembly is null and void since
it was elected, with the its resulting dissolution by the power of the law as of the
indicated date, and without the need for any other measure, as a result of ruling
the aforementioned provision unconstitutional, and in implementation of the
absolute obligation and binding force of decisions issued in constitutional suits
verses the people, and in relation to the State with its different bodies, in
accordance with the clear provision of Article 49 of the Supreme Constitutional
Court Law, issued by Law 48, of the year 1979.
However, this does not absolutely lead to voiding the laws and decisions taken by
the Assembly, and the procedures taken during the previous period, and until
the date of publishing this decision in the Egyptian Gazette. These laws, decisions
and procedures shall retain their validity, and hence, shall remain correct and
enforceable, unless they are annulled or amended by the constitutionally relevant
authority, or ruled unconstitutional by a Supreme Constitutional Court decision
in case of other grounds on which this decision was based.
For the above reasons
The court rules:
First: The unconstitutionally of the provision of Article 3, para. 1, of the Law 38, of
the year 1972, concerning the People’s Assembly, substituted by the Decree Law 120,
of the year 2011.
Second: The unconstitutionally of the provision of Article 6, para.1, of that Law,
substituted by the Decree Law 108, of the year 2011, providing a general right to
submit candidacy applications for the People’s Assembly elections within
constituencies subject to the individual seats voting system, to those affiliated to
political parties, in addition to independent candidates who are not affiliated to those
parties.
Third: The unconstitutionally of the provision of Article 9 bis (a) of the indicated
Law, added by the Decree Law 108, of the year 2011, providing for the inclusion of
the final lists of names of the individual seats voting system candidates, of the names
of their affiliated parties.