The Federal Supreme Court: the judiciary has the power to present its laws proposals and conclude judicial agreements

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The Federal Supreme Court affirmed the right of the judiciary to prepare proposals for laws of the federal judicial authority, and its authority to conclude judicial agreements with other judicial authorities in coordination with the executive authority.

 

An official statement of the court stated, "The Federal Supreme Court considered an appeal submitted against two paragraphs of the Supreme Judicial Council Law No. 45 of 2017, and dismissed the appeal because it is not based on a substantiation from the constitution."

 

The statement continued, "The first appeal is against a paragraph that gave the judiciary the right to propose draft laws related to the affairs of the judicial authority, the court found that this does not contradict the constitution and is consistent with the principle of separation of powers stipulated in Article (47) and Article (87) thereof, similar to the legislative authority who exercise this right in accordance with Article (60 / Second) of the Constitution. "

 

The statement pointed out that "the other appeal rejected by the Federal Supreme Court concerns a paragraph that authorizes the judiciary to conclude judicial agreements and follow up their implementation in coordination with the Ministry of Justice."

 

The court clarified that "this is consistent with the constitution and with the principle of separation of powers, which it adopted in its provisions, and it is also consistent with the provisions of Article (87) of it."

 

The statement noted that "the judiciary is more aware of its capabilities in implementing these judicial agreements with other judicial authorities, including in the field of judicial cooperation, achieving completed justice and developing judicial capabilities."

 

The statement stated that, "Otherwise, we are facing a state of interference in the affairs of the judiciary and its tasks when other authorities assume its duties, in violation of the principle of the independence of the judiciary and the separation of powers stipulated in Articles (19/First), (47) and (87) of the Constitution.".

 

The statement pointed out that "the text under challenge for its unconstitutionality guarantees that the judiciary will exercise this authority in coordination with the executive authority represented by the Ministry of Justice to ensure aspects related to the state's international and financial obligations."