Official Gazette, Issue 24 App. (a) on 14 June 2012
17
1971 which is no longer in force. It stipulated that “The Committee will be composed
of the President of the Supreme Constitutional Court as the Chairman, and
membership made up of the President of the Cairo Court of Appeals, the most senior
deputies of the President of the Supreme Constitutional Court, the most senior
deputies of the President of the Court of Cassation and the most senior deputies of the
president of the State Council.” This is also repeated in the first paragraph of Article
(5) of Law No. 174 of 2005 regulating presidential elections, modified by Legislative
Decree No. 12 of 2012. In this manner, this composition provides guarantees of
capability, neutrality and independence, since the membership of the Committee is
restricted to purely judicial members who are not selected on a personal basis but by
virtue of their positions. From another angle, the jurisdiction of this Committee, both
administrative and legislative, has been decided by the articles of the aforementioned
Law No. 174 of 2005. The Committee enjoys full independence when exercising all
of its prerogatives. It has public legal personhood, and its own budget which is
incorporated within the public budget of the State, as stipulated for in Article (6) of
the same law.
The Committee resolves legislative disputes which fall within its jurisdiction,
represented by appeals submitted by those whose nomination papers have not been
accepted, and appeals submitted by candidates against the decisions of the public
committees, in accordance with the text of Clause (11) of the first paragraph of Article
(8), the second paragraph of Article (16), and the second paragraph of Article (36) of
the aforementioned law, once the evidence of the appellant has been heard, or the
appellant has been notified to appear before the Commission but has failed to do so.
This offers the main legislative guarantees by granting sufficient opportunities to
candidates to appeal and to offer a defense before the Commission, in light of the
legal framework stipulated for previously by the legislation, so that rulings issued in
disputes shall give assurance of the legal facts, crystallizing the substance thereof with
regards to the rights of the defendant or disputed party. Rulings issued by the
Commission, in line with the stipulations of the third paragraph of Article (28) of the
Constitutional Declaration and the second paragraph of Article (8) of the
aforementioned Law No. 174 of 2005, shall be final and automatically executable and
not subject to appeal by any means or before anybody. It shall not be permissible to
object to the Commission’s rulings in order to suspend the execution thereof or to
have them revoked.
Following on from this, the Presidential Elections Committee – with regards to its
legislative jurisdiction – fulfils the formative and subjective standards for a body with
legislative jurisdiction, which the legislation considers in the text of Article (29) of the
aforementioned Law No. 48 of 1979. The decision to refer the papers to this Court to
resolve the constitutionality of the referred text meets all the formative stipulated
requirements for associating the submitted petition with the Supreme Constitutional
Court. This association and the circumstances in effect were thus approved by the
Court.
With regards to the two requests for intervention, one combative and one associative,
in the submitted petition, the ruling of this Court states that the condition for accepting
an intervention is that it be submitted by a person who is a party to the substantive
action the ruling on which is affected by the ruling on the constitutional issue. If the
person requesting to intervene is not represented in this petition, they shall not be