The Administrative Prosecution Club (APC) has been told will be given an independent role in the next constitution, following a meeting with head of the Constituent Assembly, Hossam El-Gheriany, on Sunday.
The administrative prosecution is specialised in resolving disputes which arise between individuals and the government, APC wanted to ensure it was independent of the People’s Assembly.
“The parties agreed on clearly stating the administrative prosecutor was a judiciary power, outlining its specialisation,” APC board member, Noha Al-Sherbini, confirmed.
Al-Sherbini added it was agreed a special committee shall be formed before 17 October, to draft the article concerning administrative prosecution in the constitution.
“The committee shall include representatives of the administrative prosecution, as well as members of the drafting committee and the system of governance committee of the Constituent Assembly,” Al-Sherbini said.
The Sunday meeting also included state prosecutors, who abruptly withdrew from the meeting before it ended, said Al-Sherbini.
The meeting was scheduled to resolve a conflict which arose after administrative prosecutors went on strike for three days last week and then organised a sit-in at the APC, demanding a clear outline of their role in the constitution, which is currently being drafted.
In a press conference held in the National Council for Women (NCW) on Saturday, ACP head, Abdullah Qandil, said the club’s main goal is to see the role of the administrative prosecution enshrined in the judicial section of the new constitution to preserve its independence and prevent the legislature from exerting control over it.
Article 167 of the 1971 constitution states the structure of judicial bodies is to be determined by the legislature. The administrative prosecution rejects the notion parliament should have authority over judicial bodies. “It goes against the principle of separation of powers,” Sherbini said.
According to Al-Sherbini, a clause outlining the administrative prosecution’s role was previously drafted by the system of governance committee of the Constituent Assembly. The clause, which recognised the administrative prosecution as an independent body, was then referred to the drafting committee which rejected it. Al-Sherbini said El-Gheriany was aware of the cancellation.