26 September 2016
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  • mediazioni e arbitrati, risoluzione alternativa delle controversie e servizi di mediazione e arbitrato


    » 07/09/2012, 00.00

    EGYPT

    President Morsi reinstates parliament dissolved by military



    Fears are growing of a power struggle between the military and the Muslim Brotherhood. Signed last night, the legality of the presidential decree is questioned. Parliament could meet tomorrow. Marshal Tantawi calls emergency meeting of the Supreme Council of the Armed Forces.

    Cairo (AsiaNews) - Mohammed Morsi, Egypt's newly elected president, has challenged the Supreme Council of the Armed Forces (SCAF). In a presidential decree signed last night, he overturned SCAF's decision to dissolve parliament in response to a ruling by the Supreme Constitutional Court.

    At present, the latter has not yet reacted to the presidential move, but SCAF is set to meet in an emergency meeting. The Islamist-controlled parliament is also expected to meet tomorrow, local sources reported. Its proceedings will be legal until fresh parliamentary elections are held in September.

    In Egyptian media, the legality of the president's move is hotly debated. Many now fear an open showdown between the military and supporters of the Mubarak regime against the Muslim Brotherhood, winner of the elections to the dissolved parliament.

    In public at least, Morsi and SCAF chief Marshal Tantawi appeared at ease with each other. Both attended military manoeuvres, talking and laughing.

    For various analysts, the president's decree is an open challenge to the SCAF, and might be the beginning of a power struggle between the two centres of power.

    "It all depends on whether the SCAF was acting in its legislative capacity-which the military council assumed upon the dissolution of parliament last month-or whether it was relying on its executive power in its capacity as acting president," Aly Shalakany, partner at the Cairo-based Shalakany Law Firm, told Ahram Online.

    If the SCAF dissolved parliament's lower house in its executive capacity, Morsi would have the constitutional powers to reverse previous executive decisions, including the SCAF's resolution dissolving parliament. However, the transitional constitution adopted in March 2011 is not clear whether the president has full powers.

    "According to Article 25 of the Constitutional Declaration, the president is not granted sub-point 2 of Article 56, which includes 'approving or implementing public policy,' a very broad term," Shalakany explained. "It could be argued that Morsi's revocation of the SCAF decree affects public policy-an action he cannot do."

    In mid-June, the Supreme Constitutional Court overturned the outcome of a third of seats in the People's Assembly of Egypt (lower house) elected in January (dominated by the Muslim Brotherhood and Salafists) because certain parts of the election law were unconstitutional.

    This gave SCAF, which has ruled Egypt since the fall of Hosni Mubarak, an opportunity to dissolve the People's Assembly and seized legislative power. Islamist groups, especially the Brotherhood, have cried foul, accusing the military of carrying out a coup.

    Following his election, Morsi could not take his oath of office before parliament but had to do it in front of the Supreme Constitutional Court, which had caused the latter's dissolution. As part of the ceremony, the new president had to swear to uphold the decisions of the courts, including the highest court of the land.

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    See also

    13/04/2012 EGYPT
    Muslim Brotherhood and Salafists bar former Mubarak regime officials
    Parliament passed the bill yesterday but the Supreme Council of the Armed Forces must still approve it. Any prime minister or top official from the Mubarak regime is barred from active politics for ten years. Various presidential candidates could be excluded.

    22/11/2011 EGYPT
    Egypt in the eye of the storm. Today the "march of a million" against the Military Council
    The civilian government submits resignation, after police violence in Tahrir Square, but yet to be accepted. The opposition demands that the Supreme Council of the armed forces hands over authority to civilians.

    25/01/2012 EGYPT
    Tahrir Square flooded by people who want to continue the Jasmine Revolution
    Nagui Diamian, a young Catholic Coptic leader, talks about the youth protest a year since the demonstrations that led to the fall of President Mubarak. Thousands have arrived from all over Egypt to demand real change for the country, which is still in the hands of the military. Meanwhile, the Muslim Brotherhood and Salafists try to monopolise the situation following their electoral victory.

    21/11/2011 EGYPT
    Egypt: Military confirms elections will take place November 28
    Despite the bloody battles of the weekend in Tahrir Square Supreme Council of the Armed Forces decided that the vote will take place as planned on November 28. Arrested the only female candidate for president, Bothaina Kamel.

    27/03/2014 EGYPT - ISLAM
    In last appearance in uniform, Gen. al-Sisi announces candidacy for president
    The decision is long overdue. His election almost certain with 90% support of the population. After Mohamed Morsi interlude, military once again great electors of Egypt’s presidents. "Hard work and sacrifices".



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