Administrative Court has referred appeals to dissolve the council to the State Commissioner’s
Authority, which will prepare a report on it to help the courts make a decision. Given that SC
elections used the same electoral system as did elections for the PA, it can be expected that the
State Commissioner’s Authority will reach the same finding as in the PA case.
New People’s Assembly and Shura Council Elections
The new Article 60(B) added to the Constitutional Declaration by the June 2012 Addendum provides
that parliamentary elections will be held one month after a referendum has approved a new
constitution. Although Article 3 of President Morsi’s decree issued on July 8 provides that
parliamentary elections would be held “within 60 days from the date of approval by parliament of
the new constitution and the completion of the People’s Assembly law,” the SCC’s ruling issued on
July 10 suspends that decree.
The addendum to Article 38 of the Constitutional Declaration provides that parliamentary elections
will be conducted according to an electoral system specified by law. In September 2011, the SCAF
amended this article, providing that a mixed electoral system would be used for the imminent PA
elections. Altering this article again through the recent addendum suggests that parliamentary
elections will now take place under a new electoral system that has yet to be specified.
The timing of the next parliamentary elections will depend on whether the Constituent Assembly
reformed in June 2012 is able to continue its work for the full six months as provided in the
Constitutional Declaration. If so, the assembly will have until December 2012 to finalize the draft
constitution and a referendum would then be held mid-January 2013, followed by parliamentary
elections in March.
A similar timetable is likely if the Supreme Administrative Court decision dissolves the Constituent
Assembly and the SCAF appoints a replacement. Under the addendum, that new assembly would
have just three months to draft a constitution, followed by a referendum within 15 days and
preparations for parliamentary elections to commence a month later. This indicates that
parliamentary elections would also likely take place in March 2013.
New Electoral Systems for PA and SC Elections
Given the SCC’s ruling, it appears that new electoral systems for the PA and SC must be devised. The
new constitution is likely to set broad parameters for those systems, although the main provisions
concerning PA elections in the 1971 constitution were limited to stating the number of members of
the PA; their term of office; the requirement for half the members of the PA to be workers or
farmers; and supervision of the elections by the HJEC. It would be possible for the constitution to
specify the type of electoral system to be used, although if previous practice is followed, this would
mean it could only be changed by referendum.
In any event, the SCAF will need to issue a decree for a new parliamentary electoral system using its
legislative power under the addendum. This should be done as far in advance of the election as
possible to allow the HJEC, political parties and potential candidates to adapt to the changes. Public
education and information campaigns will also be required, depending on the extent of the changes.
The Constituent Assembly and the SCAF can expect to receive considerable legal advice on the
changes needed to remedy the defects identified by the SCC.27 If the main elements of the mixed
system are retained, it will not be enough to prevent party candidates from contesting individual
candidate seats, since the SCC’s judgment suggests that a way must be found to allow independent
27
The opportunity should also be taken to remedy technical defects in the law, for example those concerning the seat
allocation formula identified in the IFES Briefing Paper, Elections in Egypt: Analysis of the 2011 Parliamentary Electoral
System. November 1, 2011.
IFES
Page 8 of 18
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