Tuesday, 10 July 2012

Morsi Defies Court, SCAF in Move To Reconvene Egypt Parliament

Supporters of Egypt's first Islamist president Mohamed Morsi cheer with a sign that reads "We're all with your right decision President Morsi," at Tahrir Square in Cairo July 9, 2012. (photo by REUTERS/Mohamed Abd El Ghany)
posted on Monday, Jul 9, 2012 
Egypt Court: All Ruling Final, Binding
for All State Institutions
In an unexpected move, Egyptian President Mohamed Morsi ordered that the country’s parliament be reconvened, defying the decision made previously by the head of the Supreme Council of the Armed Forces (SCAF), Field Marshal Hussein Tantawi, to dissolve the parliament. The SCAF manifested its decision through a decree of the Supreme Constitutional Court, which found the People's Assembly's elections law unconstitutional.

About this Article

Mohamed Morsi’s unexpected decision to reconvene the Egyptian parliament in defiance of the military council and the Supreme Constitutional Court is causing ripples across the political scene. Some judges called the move, which the Brotherhood applauded, an “assault on judicial rulings” and vowed to fight back.
Publisher: Al-Masry Al-Youm (Egypt)
Original Title:
The President Cancels the Decision of the Field Marshal
Published on: Monday, Jul 9, 2012
Translated On: Monday, Jul 9, 2012
Translator: Sahar Ghoussoub
Categories :Reports / Studies Politics Egypt
Following Morsi's decision, the assembly will resume its normal regulatory responsibilities. This comes in opposition to the SCAF’s constitutional declaration whereby it granted itself legislative powers until the election of the new parliament.

President Morsi issued decree No. 11 of the year 2012 after careful review of previous legislation and developments in Egypt. His office reviewed the constitutional declarations issued on February 13, 2011 and March 30, 2011, the international agreements ratified by the Arab Republic of Egypt, Law No. 73 of the 1956 regulations of the exercise of political rights, Law No. 38 of 1972 regarding the People's Assembly's law and its amendments, the decision of the Supreme Constitutional Court in case No. 20 of 1934, and the decision of the Supreme Council of the Armed Forces No. 350 of 2012.

The first article in the President's decree provided for the "withdrawal of decision No. 350 of 2012, according to which the People's Assembly was dissolved on Friday June 15, 2012." Article two of the decree stated that "the People's Assembly shall reconvene and resume its regulatory responsibilities, as provided for in Article 33 of the Constitutional Declaration issued on March 30, 2011." Article three called for "early parliamentary elections to be held within 60 days of the ratification of the new constitution."

In a statement to Al-Masry al-Youm minutes after the issuance of the decree, Maher Bheiri, president of the Supreme Constitutional Court, said that he could not comment on the decision before reviewing the full text. He said that only then would he be able to "take the appropriate measures." Meanwhile, some judges, who spoke on the condition of anonymity, saw the decree as "an assault on judicial rulings" and stressed that they "will not stand idly by."

According to information obtained by Al-Masry al-Youm, a number of judges demanded that an emergency meeting be held to discuss the measures to be taken in response to the president's decree.
For its part, the Muslim Brotherhood welcomed the move. "This decision redressed the balance. I do not expect any clashes between the president and SCAF, for the president's decisions prevail upon all. Should there be an objection to the decision, let it be done through legal means," said Mahmoud Hussein, the Brotherhood’s chairman.

Morsi's decision triggered mixed reactions among the members of parliament. MP Badri Farghaly considered the decision "a reclaiming of the people's power, which was violated by SCAF. Those who rejected the decision want the return of Mubarak's regime."

On the other hand, MP Mustafa Bakri rejected the president's decision, deeming it "the collapse of the rule of law." He urged his colleagues to boycott the assembly.
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