Amendment of the Supreme Constitutional Court Law:Between the Necessity of National Security and Compliance with International Law

Conclusions:

To sum up, there are some notes regarding the amendments applied to the law of the supreme Constitutional Court in the form approved and published in the Official Gazette:

  1. The amendment added a new jurisdiction regarding monitoring the constitutionality of decisions of international organizations and bodies, as well as rulings of foreign courts with specific procedures starts with a request to the prime minister.
  2. Decisions of international organizations and bodies, as well as rulings of foreign courts, whether international courts or foreign (local) courts, are not legal legislation, and therefore no Egyptian judicial control, whether from the Supreme Constitutional court or other bodies, is applied over them.  In this regard, court rulings particularly are subject to private international law. As for the decisions of international organizations and bodies, they are subject to the international conventions considered, according to the Egyptian judiciary, an act of sovereignty over which judicial control recedes.
  3. Claiming that the amendment came in implementation of the provision of the second paragraph of Article no. 192 of the Egyptian Constitution is inadmissible here since the jurisdictions of the court that may be added must be related to internal law and national legislation alone. And to say that this control is implemented on foreign rulings or international treaties is a violation to the provisions of the Charter of the United Nations, as well as the provisions of the Vienna Convention on the Law of Treaties, both of which Egypt has joined, which necessitates an international obligation not to violate their provisions.

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 Amendment of the Supreme.pdf

Arab Center for Independence of the Judiciary Law Firm