May 15 2018 02:24 PM
The Federal Supreme Court on Tuesday confirmed that the decisions of the Central Bank are not immune to the appeal, noting that to make the period of appeal starting from the issuance of the decision in accordance with the principle of legal "presumed science."
The court spokesman Ayas al-Samuk said in a press statement that the Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of the judges of the members and considered the case of the director of the sale and purchase of foreign currency has been withdrawn by the Central Bank.
He added that the plaintiff challenged Article (69) of the Central Bank Law No. (56) of 2004 regarding the appeal against the decisions of the Central Bank before the Financial Services Court.
He explained that the plaintiff pointed out that this article set the period of appeal starting from the issuance of the Central Bank's decision to respond to his objection to the decision to withdraw his vacation and not from the date of the same as what is the case in the law of civil extensions and promised implicit immunity of the decisions of the Central Bank of the appeal and claimed that this violates the article (100) of the Constitution, which prohibits the immunization of any work or administrative decision of the appeal.
He pointed out that the Federal Supreme Court found that the legislator's tendency to make the period of appeal under Article 69 of the Central Law came as a legislative option and not contrary to the Constitution and based on this is the legal principle of (the supposed science) to the relevant parties in relation to the transactions they claim.
He added that this trend (under the provision) does not include immunity for the decisions of the Central Bank of the existence of a way to appeal before (the Financial Services Court) and this is what the Supreme Federal Court in its ruling 147/2017, which requires a decision was issued by the Central Bank follow-up from the start of the procedure until Issued and challenged if he considers it a violation of the law and accordingly decided to return the case.
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