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The Egyptian Center: “The Supreme Constitutional Court Commissioners” recommended that the cassation court is not the competent judiciary for considering the appeals against Journalists’ Syndicate elections

The Egyptian Center for Economic and Social Rights, acquired a recommendation issued by the Supreme Constitutional Court Commissioners, no. 38, judiciary year 40 – constitutional – after referring the case no. 45409 judiciary year 69, by the Administrative Court in Cairo, second department, through a verdict issued at session dated 23-4-2016. The case is filed by the center’s lawyer on behalf of, Hisham Mohamed Mohamed Younis, a journalist, writer and a member in Journalists’ Syndicate against each of: The head of the Election committee in the syndicate and the Journalists’ Representative, objecting the midterm elections results. A judiciary report was issued recommending that the third paragraph of the article no. 62, of law no. 76 year 1970 concerning establishing a Journalists Syndicate, stating that the cassation court, criminal department, is the only competent judiciary to consider the appeals submitted against the general association of the syndicate or the formation of its board, is not constitutional.

 

The Egyptian Center for Economic and Social Rights submitted an appeal no. 45409 of judiciary year 69 before the Administrative Court, second department, Administrative Court in State Council. The appeal claimed to suspend the decision of the Election Committee of the Journalists Syndicate elections to recounting votes of the elections held on 20th March 2015, resulting winning the appealing of a seat in the Syndicate Council against Hatem Zakaria, former member of the Syndicate Council and enforcing the verdict with its draft without announcement.

 

While considering the case, the sessions were attended by the General Syndicate lawyer, claiming the incompetence of the Administrative Court to consider the appeal as it is only the right of the cassation court, criminal department, as stated in the article no. 62, of law 76, year 1970 to establish syndicate for journalists, appealed against its constitutionality.

 

The court asserted the competence of the Administrative Court to consider the appeals concerning Journalists’ Syndicate elections for it is one of the public law personalities, as stated in the Constitution and the State Council law. The report of the commissioners stated that the Supreme Administrative Court stated, originally, that syndicates are considered public law personalities as it represent all aspects of these personalities; it is established by law, or a decree or any other legislative procedure, therefore its decisions are considered administrative ones which could be appealed against before the Administrative Court.

 

In the session dated 10-6-2018, the case was considered during preparing  sessions at the Board of the Commissioners in the Supreme Constitutional Court, the case was reserved pending report.

The Commissioners of the Supreme Constitutional Court decided that the considered case, is typically connected to the Supreme Constitutional Court as stated in articles 29/A and 30, of Supreme Constitutional Court law no. 84 year 1979, therefore, it issued the mentioned recommendations. It is expected to determine the coming session before the Supreme Constitutional Court to issue a final verdict.