Pulic Title for the case: Appealing against the constitutionality of the condition of the singularity of the Egyptian nationality

 

Case no.: 24 Constitutional Judiciary Year 37

Case year: 2015

Adverse: Michael Girom Manieh Eskandar known as (Michael Monir)

Representation: Appellant

Verdict

Verdict Date: 7-3-2015

Judges: President – Anwar Rashad al Aassi

Members: Abdul Wahab Abdul Raziq and Mohamed Abdul Aziz Al Shinnawi and Al Sayed Abdul Monem Hashish and Mohamed Khairi Taha al Naggar and Said Marie Amr and Ragab Abdul Hakim Selim

Court: Supreme Constitutional Court  .

The Subject Case and no.: 30265 year 69 in front of the Administrative Judiciary Court, the suit was concerned with the suspension of the execution of the Supreme Committee of Elections decision no. 20 year 2015 to allow running elections for the parliament year 2015

Legal Text appealed against:

1- Item (1) Artilce (8): “without violating the rules decided in organizing practicing political rights, whoever runs the elections of the parliament must abide to the following conditions: 1- To be Egyptian enjoying the Egyptian nationality singularly and enjoying the civil and political rights.

From the Law of the Parliament issued with a Presidential decree of law no. 46 year 2014

2- Article (4): “the Arab Republic of Egypt is divided into a number of districts specified to elect in the individual order, and (4) districts specified to elect in the list order, its specified for two of these districts (15) seats for each, and specified for the two other districts (45) seats for each, the law determines a specific number, zone and components of each of them, for each district a number of members are elected that proportionate with the amount of population and voters, with consideration of fair representation of the population and governorates that is equivalent with the voters

From the Law of Parliament issued with a presidential decree of law no. 46 year 2014

3- Article (5) “Each electoral list shall include a number of candidates equals to the required number to be elected in the district and a number of reserve candidates equals to them

In the first Elections for parliament after the validating this law, it is essential that each list specified for (15) seats includes numbers and qualities as follows as minimum:

One candidate represent the Egyptians abroad

it is essential for each list specified for (45) seats to include the following number and qualities as a minimum:

three candidates representing Egyptians abroad

from the Law of Parliament issued by a presidential decree of law 46 year 2014

 

The constitutional text claimed to be violated:

1- violating item (1) of the article (8) of the law of parliament for the rule of two articles (88, 102) of the constitution

2- violating articles (4) and (5) of the law of parliament for the rule of articles 1, 9, 53, 87, 88 and 244 of the constitutional

Appealed against: The president of the Republic, the Prime Minister and the Head of the Supreme Committee of Elections

Verdict Text:

The court ruled of the non constitutionality of the phrase “enjoying the Egyptian nationality singularly” stated in item 1 of article 8 of the law of parliament issued with presidential decree no. 46 year 2014 and the rejection of the rest requests and obliging the government to pay expenses and an amount of 200 L.E. as attorney fees