Egypt’s Supreme Constitutional Court (SCC) took two decisions on Thursday that effectively changed the political landscape and created a kind of constitutional labyrinth. It ruled that a third of parliament is unconstitutional (which effectively dissolves Parliament and returns legislative powers to
the military) and it affirmed the legality of former Prime Minister Ahmed
Shafiq’s bid to the presidency.
The newspaper Egypt Independent wrote the following, which I quote at some length as it describes the situation
quite well:
In a much anticipated court session, the
SCC deemed the Parliamentary Elections Law unconstitutional, under
which an Islamist-dominated Parliament was elected earlier this year.
The court based its ruling on the law’s failure to ensure independent
and party candidates equal opportunities. While parties were allowed to
run for all contested seats, the bid of independent parliamentary
hopefuls was restricted to only one-third of the seats. (...)
Egypt's Supreme Constitutional Court. (Photo Virginie Nguyen/Egypt Independent). After the reading of the decisions some fights broke out, outside the building.
According to Hossam Issa, a law
professor at Ain Shams University, the verdict means that the Supreme
Council of the Armed Forces shall assume legislative powers until
Parliament is reelected. Issa dropped a bombshell by arguing that
the presidential election set for this weekend should be postponed
until Parliament is reelected. “According to the Constitutional
Declaration, the parliamentary elections must precede the presidential
election,” he told Egypt Independent. However, SCC head Farouk Sultan told
Al-Masry Al-Youm that the ruling would not affect the upcoming
presidential runoff slated for Saturday and Sunday.
The fate of the newly formed Constituent
Assembly, elected by Parliament on Tuesday and tasked with writing the
new constitution, is also up in the air. According to Rafaat Fouda, a
constitutional law professor at Cairo University, the ruling would lead
to the dissolution of the Constituent Assembly, because “it includes
members of Parliament that has now been dissolved.”
Several secular parties had withdrawn
from the Constituent Assembly on grounds that it is dominated by
Islamists. The State Council is currently looking into the legality of
the assembly. (Egypt Independt remarks that a ruling of this kind is not new. The Egyptian
Parliament was dissolved twice in 1987 and 1990 after SCC verdicts that
deemed election regulations unconstitutional).
In the same session on Thursday, the SCC
also declared the Political Isolation Law, which bars high-ranking
officials of Mubarak’s regime from running for public office,
unconstitutional. Based on this verdict, Ahmad Shafiq, Mubarak’s last
prime minister and former commander of Egypt’s air forces, is entitled
to compete in the presidential runoff against the Muslim Brotherhood’s
Mohamed Morsy.
Parliament had passed the Political
Isolation Law only a few weeks ahead of the presidential poll in a
last-minute attempt to exclude Mubarak regime stalwarts. However, the
Presidential Election Commission refused to enforce the law against
Shafiq and referred it to the SCC. (....)
For some observers, today’s verdicts
attest to a coup d’état whereby the SCAF seeks to retain the helm of the
state almost two weeks before the deadline set for the transfer of
power to civilians.
“This is a hard coup d’état with a
constitutional mask,” said Saif Eddin Abdel Fattah, a political science
professor with Cairo University. “This is a betrayal of the revolution
on the SCAF’s part. Revolutionary forces will not stay silent.” (....)
Abdel Fattah insisted that Morsy should
withdraw from the upcoming runoff. “We should not bestow legitimacy on
elections run by the generals. This election will bring Shafiq to power
despite all of us,” he said.
“The martial laws announced [yesterday]
by the justice minister and today’s SCC verdicts imply a full coup
d’état. Hence, we cannot expect Morsy to win the election in this
situation,” he added, referring to a recent government decision to grant
military police and military intelligence the right to arrest
civilians.
However, the Muslim Brotherhood has already announced that Morsy will continue in the race.