Thursday, April 27, 2017

Sisi ratifies Judicial authorities law at night ; what will judges do !?

There are a thousand thing for real I want to write about now whether Sinai or the Pope's visit or the internal debt but this is urgent and can not wait.
Egyptian president Abdel Fattah El-Sisi has just ratified the controversial judicial authorities law officially issuing it late Thursday.
The law has been issued in a supplement of the Egyptian State's official journal late Thursday. It is currently in effect.
Sisi and judges
Sisi and the judges at the Supreme court in April 2016

This law gives the Egyptian president "head of executive power" the right to choose the heads of judicial authorities and main courts in the country out of three deputies proposed within each judicial authority.

The old judicial authority law stipulates that the heads of judicial bodies are selected based on seniority by their judicial councils and that the president simply ratifies the council's selection.
The Egyptian House of Representative passed the law already only on Wednesday in a 15-minutes-session without any deliberation or discussion at all.

It was approved by two-third of the parliament.

Only 35 MPs including some of pro-regime MPs as well MPs appointed by Sisi himself objected and did not vote. Some are totally against the law and others were against on the voting process itself.
The parliament passed the law which will technically what so ever left from Judiciary independence in Egypt despite the complete rejection of judicial authorities.

Already, the Egyptian State council rejected for legal and constitutional reasons the law twice when it was a draft and demanded the parliament to amend in accordance with the law and the constitution.
We are speaking about 10 constitutional articles violated in that law according to the State council.

The judges say that the new law ends the judiciary's independence and the separation of powers. Check my old post about this law please to know what the judges are referring to.
Indeed, it ends both the independence of the judiciary and the separation of powers as it gives the president the right to choose the heads of the judicial authorities.
I am wondering what the judges will do next and what really the opposition powers and parties in this country can do now.

After the decision of the parliament to pass the infamous law, the Judges club's board held an urgent meeting calling all the judges' clubs' boards in the country to join it to discuss their next move.
After hours, the board of judges' club canceled that their joint meeting other boards and had a separated meeting.
The Club demanded the president not to ratify the law. The board of the club is going to appeal in front of the courts against the law to annul it.
The Judges' club also announced that it would hold a general assembly meeting next 5 May.
The State council club board also held an urgent meeting on Wednesday. The board demanded the president not to ratify it.
The law in the official journal
The law in the officialjournal

The State council club has been more vocal against the law than the Judges' club in this crisis.
The judges of the State council have to be vocal because this law is made specifically for them.

Nearly all the country knows this law is made after the Tiran and Sanafir's historical verdict and administrative court judge who issued it.
Judge Yahia El-Dakroury who ruled in June 2016 that the two isles were Egyptian annulling the Egyptian-Saudi deal to redraw the maritime borders was going to be the head of the State council according to the old law.
Now, everybody knows that the judge who is known for his court rulings against government won't get it.

The judges won't be able to organize any true meeting or mobilization as the Pope of the Vatican is coming to Egypt on Friday.
Technically, Cairo is nearly locked down for that important visit in the upcoming two days.
It is the perfect timing to pass whatever controversial unconstitutional laws without noise. People will get busy in the coverage of Pope's visit.
It is frustrating. It is like Mubarak's judicial authorities law in 2005 but even worse.
At least in Mubarak, the judges and civil society protested.Yes, the Constitutional court can annul this law for violating the constitution but it will be late.
It turned out that the boards of judicial authorities should present their nominees to head their authorities within days, otherwise the President will appoint the heads by himself !!
Damage is done.
Now the Egyptian has a full legal control on both judiciary and media.
I know the Pope's visit is important and historical. Still , this is more important and dangerous actually.

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