Decision to refer Presidential Elections Law to SCC due 29 April

Daily News Egypt
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The Administrative Court of the State Council will make a ruling in a lawsuit challenging constitutional validity of the Presidential Elections Law on 29 April.

The court could decide to refer the law to the Supreme Constitutional Court (SCC) for review, according to state owned Al-Ahram.

The main grievance in the lawsuit, submitted by three lawyers, is the judicial immunity granted to the decisions made by the Presidential Elections Committee (PEC).

Constitutional expert Raafat Fouda said there is almost no chance that the law will ever reach the SCC for consideration. “The court will probably dismiss the case [on 29 April] because it is not within its jurisdiction,” he said.

“When they made it [the PEC] immune, they closed any judicial door” for challenging the law, he added.

The presidency ratified the removal of an article in the law that allowed for citizens to file appeals against the decisions of the PEC, citing security and economic issues in the country as the reason.

The presidency also said in March that it could not respond to proposed amendments to the law.

Fouda explained that presidential candidates can challenge the decision; however, because the PEC is an administrative and not a judicial body, these complaints would not reach the SCC.

The law has received much criticism from constitutional experts and civil society in Egypt. Presidential candidate Hamdeen Sabahy said the law was unconstitutional and called on interim President Adly Mansour to reconsider its issuance.

The PEC is an independent five-member judicial body, lead by the President of the Supreme Constitutional Court (SCC). The current head of the committee is First Deputy President of the SCC Anwar Al-Rashad Al-Assi.

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