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Official Journal – Issue No. 22 (bis) on 03 June 2013
be responsible for the issue, either by the consideration or elimination thereof. In case
the board of commissioners sees – from an initial perspective – that the legislative text
contradicts the constitution, it should first check its validity while being set forth
before the SCC. If the trial court – appeal examination division – has ruled that the
texts referred thereto to decide its constitutionality include unconstitutionality defect
and are necessary to settle the substantive lawsuit, the interest in the constitutional
lawsuit shall exist.
Whereas concerning the intervention requests submitted by each of Mr/Ayman
Zakaria Hassan, Mr Dr/Gaber Gad Nassar, Mr/Ashraf Abduallah Mohamed,
Mr/Mohamed Ibrahim Amin, Mr/Ali Ahmed Mohamed Borham, Mr/Mohamed
Ahmed Shehata, Mr/Ahmed Abo Baraka, Mr/Mohamed Hassan Abo Al-Enein and
Mr/Gamal Tag Al-Din, the case law of SCC court decides that the condition of
accepting the intervention in the constitutional lawsuit shall be submitted by who was
a party in the subjective lawsuit, which the ruling in the constitutional issue affects the
ruling thereon. If the intervention requester is not represented in this lawsuit, he shall
not be considered from the concerned parties in the subjective lawsuit and his
intervention shall be rejected. Whereas the aforesaid and the intervention requesters
are not represented in the subjective lawsuit, neither as original opponent nor
interveners, due to non-issuance of a ruling from this court – either explicit or implicit
– on accepting their intervention therein and thus they are not considered from the
concerned parties in the proposed constitutional lawsuit and their intervention request
shall be declined. This was accompanied by declining all the defenses and requests
they filed in this lawsuit, considering that the review thereof follows accepting their
intervention in the constitutional lawsuit, which the conditions thereof are not
fulfilled.
Whereas article (2) of law No. 120/1980 on the Shura Council, after being replaced by
decree No. 120/2011, stipulates in its first paragraph that "Two-thirds of the members
of the Shura Council shall be elected through the closed list system, while the
remaining third shall be elected through the individual system. The number of
members representing each governorate through the closed list system must be equal
to two-thirds of the [total] number of seats allocated to the governorate, and the
number of members representing the governorate through the individual system must
be equal to one-third of the [total] number of seats allocated to the governorate."
Paragraph 5 stipulates that "Subject to the provisions of Article 16 of the present law,
the number of candidates on any of the party lists shall be equal to two-thirds of the
number of seats allocated to the electoral district, provided that at least half of them
are farmers and workers and that they alternate on the list..."
Article (8) of the said law, replaced with decree law No. 109/2011, stipulates that
"The nomination request for the Shura Council membership shall be submitted in
writing to the elections committee in the governorate where the candidate desires to
nominate himself for one of constituencies thereof, during the period to be determined
by a decree of the Higher Elections Commission, provided that this period shall not be
less than five days from the date of opening the nomination period…
The provisions stated in the 3 previous paragraphs shall apply to closed party-list
candidates. The respective authority of the relevant party/parties shall handle the
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