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APPENDIX C - Law 48 of 1979 Governing the Operations of the Supreme Constitutional Court of Egypt

Published online by Cambridge University Press:  27 July 2009

Tamir Moustafa
Affiliation:
Simon Fraser University, British Columbia
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Summary

In the name of the people,

The President of the Republic,

The following law having been adopted by the People's Assembly is promulgated.

  1. Article 1: The provisions of the attached law shall apply to the Supreme Constitutional Court.

  2. Article 2: All cases and applications pending before the Supreme Court, and falling within the jurisdiction of the Supreme Constitutional Court in accordance with the attached law, shall be referred to this court immediately following its formation and without judicial fees. In addition, all requests suspend the execution of judgments rendered by arbitration organs that were binding before the Supreme Court will be referred to the Supreme Constitutional Court without judicial fees. These requests will be ruled upon in accordance with the Law No 81 of 1969 promulgating the Supreme Court's law, and Law No 66 of 1970 promulgating the law concerning procedures and fees enforceable before it.

  3. Article 3: The provisions of Articles 15 and 16 of the attached law shall apply to cases and applications related to recusation and disputes addressed against members of the Supreme Court as well as applications related to their salaries, pensions and related matters.

  4. The Supreme Constitutional Court shall exclusively decide upon all of these cases and applications.

  5. Article 4: The Supreme Constitutional Court shall be represented in the Supreme Council of Judicial Bodies by the Chief Justice. In his absence, the most senior member will carry out this duty.

  6. Article 5: Without prejudice to the provisions of paragraphs 3 and 4 of Article 5 of the attached Law, the first formation of the Supreme Constitutional Court, will be established by a presidential decree which includes the appointment of the Chief Justice and the members of the court, on condition that these appointees meet the requirements specified in the attached law, and upon consultation of the Supreme Council of Judicial bodies regarding the appointment of members of the court. Those members shall take the oath mentioned in Article 6 of the attached law, which shall be sworn in before the President of the Republic.

  7. […]

Type
Chapter
Information
The Struggle for Constitutional Power
Law, Politics, and Economic Development in Egypt
, pp. 273 - 287
Publisher: Cambridge University Press
Print publication year: 2007

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