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Administrative Judiciary refuses jurisdiction regarding Shura cases

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The judiciary does not have the authority to rule on cases challenging Shura rulings

The Administrative Judiciary Court at the State Council ruled on Tuesday that lawsuits seeking to stop the Shura Council from legislating were out of its jurisdiction. (AFP File Photo)

The Administrative Judiciary Court at the State Council ruled on Tuesday that lawsuits seeking to stop the Shura Council from legislating were out of its jurisdiction.
(AFP File Photo)

The Administrative Judiciary Court at the State Council ruled on Tuesday that lawsuits seeking to stop the Shura Council from legislating were out of its jurisdiction.

The court, headed by Judge Abdel Meguid Al-Moqanan, declined lawsuits filed against President Morsi, Prime Minister Hesham Qandil and Speaker of the Shura Council Ahmed Fahmi, which challenged the council’s right to review and discuss the amendments on the judiciary law.

The lawsuits presented to the court asserted that the council’s monopoly over legislation was an exception, due to the dissolution of the People’s Assembly, and that the council had to limit its jurisdiction to urgent matters through the transitional period. The suits also claimed that the Shura Council should not discuss or legislate on major issues of the state like the Judiciary Law, and therefore the amendments presented to the council are void, reported ONA news agency.

One of the lawsuits demanded preventing the Shura Council from discussing the state budget for the fiscal year 2013-2014, stating that discussing the budget was the role of the House of Representatives only.

“The lack of jurisdiction means that no other court can review the lawsuits,” said Head of Administrative Judiciary Court Judge Abdel Meguid Al-Moqanan who explained that the lack of jurisdiction was based upon the principal of separation of powers, as the Shura Council represented the legislative authority.

“According to the constitution, the Shura Council is the legislative body until the election of a House of Representatives” he said, adding that the Supreme Constitutional Court (SCC)’s ruling that the laws for electing the Shura were unconstitutional opens the door to legally challenging any law it issues.

The court also ruled on Tuesday against the President, the Minister of Defence, Minister of Justice and Intelligence Chief, obliging them to reveal the circumstances of the incident of killing 16 soldiers in Rafah.

In the August 2012 incident 16 soldiers were killed by masked gunmen during the holy month of Ramadan in Rafah, Sinai.

“The authorities have an obligation towards the people to reveal what happened, who committed the crime and the findings of the investigations, as the people are the source of authority,” Al-Moqanan said.


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