14
Official Journal – Issue No. 22 (bis) on 03 June 2013
Even though the unconstitutionality of the aforementioned articles leads to the
invalidity of the Shura Council, since the elections thereof were held on such basis,
the effects of that invalidity have been halted by the new constitution of December
2012. Article (230) of the new constitution specifies that the Shura Council, in current
formation thereof, takes over legislative powers until a new House of Representatives
is elected at which point the legislative powers are transferred to the latter. A new
Shura Council is to be elected within a year of the date of the first meeting of the new
Lower House." So the Shura Council, in current formation thereof, remains the holder
of legislative powers as Article (230) of the Constitution stipulates. After a new
House of Representatives is elected, the effects of this ruling on the
unconstitutionality of the aforementioned articles can take their course.
This shall neither include the constitutional declarations issued by the President of the
Republic, which were repealed by virtue of the first part of Article (236) of the
Constitution, nor the provision provided for by the last part of this article which states
that their consequent effects shall remain valid and in force, where no effect was
proved to be resulting from such declarations in this regard. This entails the lapse of
the allegations made by the plaintiff concerning such declarations as well as the
defenses raised in this regard.
For the above reasons
The court hereby rules:
First: The unconstitutionally of the provision of the first paragraph of Article (2), of
Law 120/1980 on the Shura Council, substituted by Decree Law 120/2011.
Second: The unconstitutionally of the provision of Article (8), paragraph 1, of that
law, substituted by the Decree Law 109/2011, providing a general right to submit
candidacy applications for the Shura Council elections within constituencies subject
to the individual electoral system, to those affiliated to political parties, in addition to
independent candidates who are not affiliated with those parties.
Third: The unconstitutionally of the provision of Article (24) of the said law,
substituted by Decree Law 109/2011, for providing that Article (9-Ibid "a") of law
No. 38/1972 on the People's Assembly applies to the Shura Council as well.
Fourth: This verdict is not to be implemented until a new House of Representatives is
elected as Article (230) of the Constitution stipulates.
Secretary
Court President
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