24
Official Gazette – Issue No. 9 (bis) March 1, 2015
The lawsuit was considered as illustrated in the minutes of the session and the SCC
decided to rule thereon in today’s session.
Court
Having reviewed relevant documents and conducted appropriate deliberations;
As the facts - on what turned out of the prosecute and other papers – that the plaintiff
filed the prosecute No. 26992 for the Judicial Year 69 before the Administrative Court
against the third defendant, requesting the court to stop the implementation and then
cancel the High Elections Commission Decree No. 1/2015 for the invitation of voters
to elect members of the House of Representatives 2015, as he claimed that this
decision vitiated by a defect of legitimacy, and contrary to the provisions of the
Constitution, and during the course of the proceedings the plaintiff claimed the
unconstitutionality of the provisions of Articles (4), (6), and (10) of the House of
Representatives law and the aforementioned Decree Law No. 202/ 2014, Recognizing
the seriousness of this claim the court permitted the plaintiff to raise constitutional
case, That is the case in hand.
Since the plaintiff requested in session dated 25/02/2015 a rule of unconstitutionality
of the two laws by decrees challenging them not to contain a text of isolating
members of the dissolved National Democratic Party and the Muslim Brotherhood,
and the text of the Article (8) of the House of Representatives law does not include
the condition of good character and reputation, and his claim of the nonconstitutionality before the court of the subject has been limited to the provisions of
Articles (4), (6), and (10) of the House of Representatives Law and the
aforementioned Decree Law No. 202/ 2014, these are the provisions that the court
deemed its challenge serious, and gave permission to the plaintiff to file a
constitutional case, this case in this part is considered original constitutional case held
in violation of the provisions of Article (29 / b) of the Act of this Court issued by Law
No. 48/1979, which should rule not to accept the case for the preceded provision.
As decided in the judiciary of this court, that the legislator aimed with the provisions
of Article (30) of the Court Act No. 48/1979 is that the referral decision or the
prosecute to include the core data that reveal by itself the essence of the constitutional
issue before the Supreme Constitutional Court to judge as well as its scope to make
everyone informed of its different aspects, and made available to all of them - in the
light of introducing them to the aspects of the constitutional question before them – to
give their comments, responses and remarks on the dates set by the Articles (37) and
(44 bis 1) of the Act of this Court amended by the President of the Republic Act No.
26 of 2014, so that the body of Commissioners to take up the issue before them and
prepare a report of its opinion on the matter in accordance with the provisions of
Article (40) of that Act.
Since the plaintiff does not claim in his prosecute the constitutional provision claimed
to be in violation and aspects of violation in accordance with the provisions of Article
(30) of the Code of this court, for the provisions of the election by the individual
system contained the text of Article (4) of the House of Representatives law, and the
provision of Presidential Decree Law No. 202/2014 referred to, and the accompanying