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Official Journal – Issue No. 22 (bis) on 03 June 2013
ballot paper. He was announced among the winners in this phase. Then, he took part
in the runoff election and won the membership of the Shura Council. He was granted
membership card no. (139), as stated in the session minutes dated 07/07/2012 at the
Higher Administrative Court, according to the statement made by his lawyer at the
time he filed an application for joint intervention at the administrative body. Such
means that during the Shura Council elections conducted in Luxor under the
individual electoral system in February 2012, candidates fielded by political parties
competed with independent candidates unaffiliated to such political parties, including
the plaintiff.
Based on the above, and whereas the first paragraph of Article (2) of law No.
120/1980 on the Shura Council determines the percentage that shall be elected under
each electoral system and says that two thirds of the members of the Shura Council
shall be elected by the closed party-list system and one third shall be elected by the
individual system. Also, the first paragraph of Article (8) of this law, replaced by
decree law no. 109/2011, sets out the requirements for applying for the Shura Council
membership in the constituencies allocated for the individual electoral system, and
refers Article (24) of the same law, replaced with decree law No. 109/2011, to the
provisions of Article (9 Ibid "a") of law No. 38/1972 on the People's Assembly, added
by decree law No. 108/2011, so that they apply to the Shura Council. Therefore, the
final candidate list under the individual system shall include the party with which the
candidate is affiliated. This comes along with the legislature's explicit desire for
limiting candidacy for the membership of the People's Assembly within the two thirds
allocated for closed-party list electoral system to members of political parties only and
granting the right to candidacy for the remaining one third allocated for individual
system to both political party candidates as well as independents who are not affiliated
with political parties. So, the recognition of such competition left those affiliated to
political parties with two options for applying for the Shura Council membership.
Those options are the closed-party list and the individual system, of which the
independent candidates are deprived, where they may only run for such membership
through the one third elected under the individual system, even though party
candidates compete with them in this percentage as well. Hence, the interest in the
submitted lawsuit exists through challenging paragraph (1) of Article (2) of law No.
120/1980 on the Shura Council, replaced with decree law No. 120/2011, as well as the
first paragraph of Article (8) of the same law, replaced with decree law No. 109/2011,
which allows both political party candidates as well as independent candidates not
affiliated with any political party to submit a nomination request for the Shura
Council in the constituencies allocated for the individual electoral system. Deciding
upon the constitutionality of such provisions will impact the objective lawsuit, the
requests submitted therein, and the judgment made by the subject court. The scope of
such lawsuit, and the interest thereof, extends to include Article (24) of the law on the
Shura Council, replaced with decree law No. 109/2011, which says "...The provisions
of Article (9-Ibid"a") of law No. 38/1972 concerning the People’s Assembly shall
apply to the Shura Council", added by decree law No. 108/2011, which stipulates that
the final candidate list under the individual system shall include the party with which
the candidate is affiliated. Whereas Article (24) of the law on Shura Council requires
the referral of Article (9-Ibid"a") of the law on People's Assembly so that it applies to
the Shura Council means that the provision of such article shall be included within the
provisions of the Shura Council law and be an integral part of it that is subject to
whatever applies to the rest of the law provisions. Hence, such is not affected by the
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