Official Gazette – Issue No. 9 (bis) March 1, 2015
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imply that the plaintiff no longer enjoys the voter status for any reason whatsoever.
Such papers do not state any impediment preventing the plaintiff from exercising his
political rights. The plaintiff brought a lawsuit before the said Court, challenging HEC
Decree #1/2015 and requesting that an immediate ruling be issued to suspend and
annul the same in order to prevent the conduct of HoR elections, then he filed the
current constitutional lawsuit requesting a court ruling to the unconstitutionality of
Article (10) of the HoR Law, and Decree Law 202/ 2014 on the grounds that it
violates Articles (9), (53), (102) and (190) of the Constitution based on the fact that
this text has wasted the principles of equal opportunity and equality among citizens, in
addition to failing to observe formal conditions for issuing the mentioned laws as they
were not submitted to the Legislation Department of the State Council in accordance
with the provisions of Article 190 of the Constitution, and the provisions of the State
Council Law; And as the mentioned contested text has to do with and impacts the
legal position of the plaintiff in his capacity as a voter, therefore fulfilling the
condition of the direct personal interest in the current lawsuit, the scope of which is
determined in challenging the Article (10) of the HoR Law, namely the two
paragraphs the first of which is related to: obliging the applicant for candidacy to
submit a statement including the candidate's curriculum vitae, particularly his
education and work experience, and the second of which is related to obliging
candidates to submit a receipt of EGP3,000 as insurance, as well as Article (3) of the
Presidential Decree Law #202/2014 on the Division of the House of Representatives
Elections Constituencies and tables attached thereto.
Whereas verifying whether a legislative provision fulfills its formal requirements is a
pre-condition to addressing their material defects; in addition to the fact that formal
requirements, whether those related to suggesting, approving, issuing or enforcing the
legal provision, are determined in the light of related enforced provisions of the
Constitution at the time they were issued; and as the plaintiff had complained that the
HoR and the Parliament Election Constituency Division laws as null on the grounds
that they violate formal and procedural conditions as prescribed by provisions of
Article (190) which dictates that laws be reviewed on part of the State Council
Legislation Department, a formal aspect, thus the current Constitution text, in the light
of the provisions of which the contested text was issued, shall be enforceable in this
concern.
Whereas Article (190) of the Constitution states that "the State Council is an
independent judicial entity, solely in charge of settling administrative disputes, and
enforcement disputes related to all its provisions, as well as being in charge of settling
disciplinary claims and appeals, solely in charge of issuing legal opinion on legal
issues for entities determined by the law, as well as the revision and drafting of laws
and decrees of a legislative capacity, revision of draft contracts that the State or one of
its authorities are party to, and the law defines its other mandates."
And since official documents prove that the two draft laws that regulate the HoR and
the division of the HoR election constituencies had previously been submitted to the
State Council Legislation Department and reviewed, thus, claiming that the said laws
violate Article (190) of the Constitution is contrary to the truth and to reality and
should be discarded.