RE: Court Case 07.05.201719 Jun 2018 22:54
There is no more info out other than what I found yesterday, so everyone would try to guess the reasons behind the SCC's decision.
At the end of the hearing yesterday, the SCC just announced the decision, there was no explanations or reasons, and as it sent it back to the commissioners, there was no date set for the next hearing.
As you all know, the commissioners report is advisory, the court could ignore it, as we have seen before in CEY case at the administrative court, also the SCC does not have to listen to arguments from both sides, the court would only listen to the lawyers if the court thought it was necessary.
My thought is that maybe the court saw some good legal points in the argument of the lawyer defending law 32, he raised two massive points (the right to file the case and the validity of the parliamentary approval).
The lawyer defending law 32, Mr Shawky Elsayed, is one of Egypt's top constitutional experts and he is used to appear in top cases, he even represented the owner of Madinaty. The commissioners report was so negative and anti law 32 and raised many points, so maybe the SCC found it too hard to ignore it and brush it aside, especially with law 32 not going down very well with many people.. so may be the court decided to refer the case back to the commissioners, with the points raised by Mr Elsayed, for them to have another look and consider his views. It would look much better and would be accepted easily by everyone if both could agree on the decision, whether it was to approve or not.
I personally was expecting the SCC to find law 32 unconstitutional and cancel it, especially after reading the commissioners report, but now and after yesterday's development, I'm not sure, because if that was the court intention and with the commissioners report recommending so, they could have easily adjourned for next meeting and ruled to cancel it, for them to send it back it could only mean that they are still thinking about it.
All this is just pure guessing and my personal thoughts, so I could be totally wrong. I will keep my eyes peeled..
Influencing The Courts a la Sisi
Many Egyptians are outraged. “Judges have their own will, and they will impose it through the rule of law,” said Mohamed Mansour, the head of the Judges’ Club.
Some have threatened to strike. Members of Egypt’s State Council say that they will not supervise the next parliamentary elections.
The Supreme Constitutional Court could even reject the law altogether, setting up a showdown with the president.
Defenders of the bill argue that the government needs more powers to fight terrorism. Trying suspects takes “five or ten years”, which allows them to “give orders from their cells”, Mr Sisi complains. But under the state of emergency, declared after two church bombings in April, Mr Sisi already has the power to try civilians in special courts which he runs. Egyptians who are found guil