ECESR lawyers succeeded today in getting authorization from the Administrative Court to challenge the unconstitutionality of the recent amendments decreed by President Adly Mansour on the Investment and Protecting State Contracts Act. The law prevents any third party from challenging the sale and investment contracts entered into by the State with any entity or investor. Needless to say, many contracts have proven corrupted, especially after the many rulings handed down by the Egyptian courts in this regard.
The Administrative Court’s authorization was based on the pleas provided by the ECESR’s litigation team. The lawyers pleaded that the new law derogated from the right of litigation stipulated in the Egyptian successive constitutions, and unjustly encroached on the established legal parties. In addition, the new law derogated from the role of the State Council and its oversight role on the executive branch. Furthermore, the law encroached on the principle of equality and equal opportunity, not to mention that there is no valid reason for originally issuing it.
ECESR’s memorandum was based on a number of precedent verdicts handed down by the Supreme Constitutional Court and the Administrative Court of Justice. These precedents deny the state’s right to promulgate such anti-transparency laws, which clearly codify corruption.