16
Official Journal – Issue No. 22 (bis) on 03 June 2013
for the country shall be subject to the monitoring of the constitutionality of
parliamentary laws and decisions.
The State Lawsuits Authority presented a memorandum of defense, in which it
originally requested a verdict ruling that the CCA is not authorized to consider the
lawsuit, and alternatively requested the rejection of the lawsuit since it does not meet
the 'interest' requirement. The memorandum, as an alternative, also requested the
rejection of the lawsuit as a whole.
Once the lawsuit had been drawn up, the Board of Commissioners submitted a report
presenting opinion thereof.
The lawsuit was reviewed in the session dated 12/05/2013, in presence of Khaled
Fouad Mohamed Hafez, the first plaintiff in the substantive lawsuit, who decided to
settle the pendente in the present lawsuit as well as lawsuit no. 45931 of the judicial
year 66 "administrative justice". The representative of the defendants has accepted
such. Also, Alaa Samir Mahmoud was present and lodged a request asking that he be
allowed to jointly intervene in the petition with the second plaintiff. The court decided
to issue its ruling in today's session.
Court:
Having reviewed the paper and after deliberation.
Whereas the facts – as seen after reviewing the referral ruling and the other papers –
can be summed up that the 2 plaintiffs have filed lawsuit No. 45931/66 "Judicial
Year" before Cairo Administrative Court against the defendants demanding to rule on
the stay of execution of the challenged resolution together with the consequent effects,
particularly suspending the proceedings of the election of the Constitution Constituent
Assembly members, the annulment of all the resolutions following the challenged
resolution and repealing it, based upon the fact that Cairo Administrative Court has
previously issued its ruling on lawsuit No. 26657/66 "Judicial Year" in 10/4/2012
session on the stay of execution of the formation of the first CCA that was elected to
prepare the new draft constitution of the country. Then, Supreme Council of the
Armed Forces (SCAF) once again called the members mentioned in article (60) of the
constitutional declaration issued on 30 March 2011 to select the members of the new
CCA. The second defendant has issued a resolution dated 7/6/2012 on starting receipt
of CCA membership candidacy applications on 9-10/6/2012. People's Assembly has
been called to convene an urgent session on 11/6/2012 to discuss the law on CCA
formation standards. After the People's Assembly's approval during this session, the
draft law has been sent to SCAF to be issued. The two defendants claimed that the
resolution on starting receipt of CCA membership candidacy applications is null since
it infringes the requisite of the previous ruling issued by the Administrative Court as
well as issuing it before issuing the law regulating the election of CCA members and
determining the condition that should be met in the candidates for its membership, so
that the candidates qualified for such task shall be selected in accordance with specific
rules and regulations that achieve equity and equal opportunities. While hearing the
said lawsuit, the two plaintiffs claimed in 9/10/2012 session a stay of execution and
then the annulment of the resolution issued in the joint meeting of the People's
Assembly and Shura Council non-designated members dated 12/6/2012 on the
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