Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Egypt: Presidential Decree Reinstates the Dissolved Parliament, Court Invalidates Decree

(July 12, 2012) On July 8, 2012, Egypt's recently elected President Muhammed Morsi issued Decree No. 11-2012 to restore the Parliament, which had been dissolved by a previous decision of the Supreme Constitutional Court. The Decree also states that parliamentary elections will be held within 60 days of the referendum to approve a new constitution.

The Supreme Constitutional Court, however, has expressed its objection to the Decree, insisting in an official statement that the Court's decision is final and binding on all branches of government and extends to the President. The Court also refused to reconsider its earlier decision to dissolve the Parliament.

In response to the Decree, the Supreme Council of Armed Forces conducted an emergency meeting to discuss the document's legal and political ramifications. It has not yet issued any official comment on it. (Morsi Decides to Reinstate the Parliament and SCAF Holds an EmergencyMeeting [in Arabic], AL AHRAM NEWSPAPER (July 8, 2012).)

Subsequently, on July 10, 2012, the Supreme Constitutional Court issued a decision to block the execution of Decree 11-2012 on reinstatement of the dissolved parliament. The Court's decision to halt implementation of the Decree was based on article 50 of Law 48-1979, on the establishment of the Supreme Constitutional Court. Article 50 provides that the Supreme Constitutional Court has the right to adjudicate all disputes related to the execution of one of its decisions. (The Supreme Constitutional Court Decides to Void the Decision of PresidentMorsi [in Arabic], AL AWSAT NEWSPAPER (July 10, 2012).) The Court considered Decree 11-2012 to be an impediment to the implementation of a previous decision issued by the Court. Therefore, under article 50, the Court decided to resolve the dispute by voiding the Decree. (Id.)