Official Gazette – Issue No. 9 (bis) March 1, 2015
33
referral, lawsuit and claims presented to the Court, rulings by virtue of the Civil and
Commercial Procedural Law without conflicting with the competence of the Court
and statutes it witnesses”.
Whereas it has become clear to the Court that procedural statutes – whether proven by
way of the Constitutional claim or by its lodging date – refer to the public status given
its core value in the claim, with the legislator seeking preservation of public interest
and organizing constitutional pleadings.
Whereas it is stipulated by law that virtual claim lodgers are part of the legal
representation, it is thus a legal delegation of authority, with specific range and
limitations and subject to its sources from Law. Similarly, legal representation and
procedural status are conditions for proper legal procedures and any shortcomings in
this respect lead to annulment of action.
Whereas, according to the above, the plaintiff in the constitutional claim lodged has
not claimed to be the Head of the Socialist Labor Party and has not denied his status
as Secretary of Education and Media in the Party. In addition, the Law has not
allowed his representation of the Party before legal bodies, given that this is an
exclusive competence to the Head of the Party, and none other. Furthermore, the
plaintiff has reaffirmed in his Statement of Claim that the lawsuit is lodged in his
personal capacity, whether as voter, nominee or candidate. These legal statuses carry
personal interests, which warrant appeal on the constitutionality of jurisprudence of
House elections and candidacy, in its set legal framework. Finally, the citizen status
of the plaintiff during the hearing does not amend the procedural status of the claim
after the expiry of the deadline set by the Court to lodge a constitutional claim,
bringing Justice to refute the claim,
Given the aforementioned reasons, the following was decided:
The Court has ruled that the action be dismissed, bail confiscated, legal action fees
collected from the plaintiff, along with attorney fees of EGP 200.
Secretary
First Vice-President of Court