After discussions and controversy, the “Legislative Representatives” finally agreed to amend


05:40 PM

Monday 14 June 2021

Books – Nashat Ali:

The Legislative Committee of the House of Representatives, in its meeting today, Monday, headed by Counselor Ibrahim Al-Hunaidi, finally approved a draft law submitted by the government to amend some provisions of the Supreme Constitutional Court Law promulgated by Law No. 48 of 1979, to seek the opinion of the Constitutional Court on the draft law, based on the demands of the members of the Committee Who asserted that the constitution requires a court opinion poll.

Counselor Ibrahim Al-Hunaidi, head of the committee, announced that he had received a letter from the Constitutional Court with its opinion, approving the draft law.

Counselor Haitham El-Baqly, adviser to the Minister of Justice, added that Egypt cannot abandon the international agreements it signed, pointing out that the draft law stipulates that the Prime Minister submits a request to the Constitutional Court to consider the disregard for the decisions of international organizations and the rulings of foreign courts and arbitral tribunals.

The text stipulated that the Prime Minister indicate in the request the constitutional text or ruling that contradicts it, the decision of the organization and the international body or the ruling of a foreign court.

The approval came after the committee witnessed extensive discussions, where a number of deputies, including Suleiman Wahdan and Dia El-Din Daoud, made demands to listen to the Minister of Investment and international arbitration experts, and to find out whether the law contradicts the international agreements signed by Egypt.
While others supported the law, Representative Ihab Anis said that there is consensus on the draft law if it is related to Egyptian national security, as stated in the explanatory note.

While Wahdan added: “Our opposition to the law comes from a national interest and to preserve the state’s commitments in civil society, and we have reservations and fears, but if the law is in the interest of national security, we agree on it with our two hands.”

On the other hand, Representative Ashraf Rashad, leader of the parliamentary majority, said that after the Constitutional Court’s letter approving the draft law, the constitutionality of the law has become confirmed, adding that the law represents an important line of defense for Egyptian national security because most international decisions are politicized.

The draft law stipulates that two new articles shall be added to the Law of the Supreme Constitutional Court by Law No. 48 of 1979 with Nos. 27 bis and 33 bis, whereby Article 27 bis stipulates that the Supreme Constitutional Court shall supervise the constitutionality of decisions of international organizations and bodies and judgments of foreign courts and arbitral tribunals required to be implemented in the face of The state.

While Article 33 bis states that the Prime Minister must request the Supreme Constitutional Court to rule that the decisions and provisions referred to in Article 27 bis or the obligations resulting from their implementation are not considered.

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