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The judiciary and the electoral commission (2-2)
10/10/2016 0:29
[rtl]Adil al - Lami *
Add to that mentioned in the first part of this research, there are constitutional reasons prevented from modifying the Electoral Commission Act entrusted its jurisdiction ,whether the nomination of its members or management. The first inhibitor is what we have referred to above , the fact that the Constitution put the election commission in separate independent bodies , financially and administratively for the three authorities inaccordance with Article 102 of the Constitution , the Constitutional second inhibitor is that members of the electoral commission staff of special grades and that the nomination process must be from the Council of Ministers according to (Article 80 / Fifth: torecommend to the House of Representatives, approve the appointment of undersecretaries of ministers, ambassadors and those with special grades ..). inhibitor third is in articles Aldstureten the following: the first (Article 90 Supreme judicial Council will administer judicial affairs, and organizes law, configured the way, and the terms ofreference and rules of action.) There was no indication the Department of Public bodies or executive institutions or the election, and the second is: (Article (91) shall exercise theSupreme Judicial Council the following powers: First: the administration of justice and supervision of the judiciary
Federal.
(- did not provide for the administration of elections -). Second: the nomination ofpresident and members of the Federal Cassation Court, the chief prosecutor, the head of the judicial oversight body, and presented to the House of Representatives to approve the appointment. (- did not provide for the nomination of the members of the electoral Commission -) .
it is clear from this text also lack the jurisdiction of the judicial authority to choose employees in the organization and executive bodies , whether governmental, legislative or independent.
compared with what stipulated in the Egyptian Constitution in 2014 , he entrusted theselection and formation of the members of the electoral commission to process thejudiciary and by the following text of the Egyptian Constitution: (Chapter IX - Thenational electoral Commission Article 208: The national Commission for elections , anindependent body, specializes exclusively manages referendums, presidential elections, parliamentary, and local, ranging from voter data and update the base preparation, proposing the division of constituencies, identifying controls publicity and funding, andelectoral spending, and advertising about, and control, and to facilitate voting procedures Egyptians living abroad, and other actions until the announcement of the result. And it all as regulated by law.
Article 209: The National Directors of the Authority for the elections council composed of ten members assigned scar tissue entirely evenly among the Vice - Presidents of theCourt of Cassation, and the heads of the courts of appeal, and the Vice - President of the State Council, and the State Litigation Authority, administrative prosecution, chosen The Supreme judicial Council, the councils own authorities developed and judicial bodies according to the circumstances, it is not its members and appointed by a decree of thePresident of the Republic. And be reassigned to work Authority scar tissue entirely for one course of six years, and be chaired by the oldest members of the Court ofCassation. And renewed half of the members of the Council every three
years.
The Authority may request the assistance of the opinion of independent public figures, specialists, and experienced in the field of elections without having the right to vote. The Commission shall have an executive body permanently law defines the composition, the system of work done, and the rights and duties of its members and their security, so as to achieve their neutrality, independence and impartiality. Article 210: The ballot management, and sorting in referenda and elections affiliated members of the body under the supervision of the Board of Directors, and it may draw members from judicial bodies. This is the polling, counting in the elections, and referenda taking place in thenext ten years to the date of this Constitution, under the full supervision of the members of the competent judicial bodies, as set out by the law. Specializes in the Supreme Administrative Court adjudicate in appeals from decisions of the Commission relating toreferendums and presidential and parliamentary elections and their results and be challenged on the local elections before the administrative court. The law defines theappeal of these decisions dates to be adjudicated by a final judgment within ten days from the date of the appeal). Evident from the previous text that the Egyptian constitutional legislator has singled out a special report on the National Commission for Elections and cut the road to legal manipulation of mood by the members of the chapter Representatives and the political block or government in the legislation of laws on thesizes, from here reaffirm previous prayers need to amend the Constitution to include in the core of the constitutional document the structure of some of the institutions and principles of some legislation , such as the electoral system to include national andpublic foundations for the establishment of political parties and the structure and mechanism of action of the Federation Council and others. in addition to the mind constitutional, there is a legal obstacle else, is how the judiciary is the judge and jury at the same time ?, and if the electoral Commission - the executive device state if thegovernment bodies and other - other than being an independent body is to appeal its decisions to judicial authority, how correct that the appeal against the decision members of the judiciary who are involved in labor executive before the courts outside as stipulated in the organization of the judiciary laws in the stages of appeal ?, in other words , how to judge linked to the judiciary and receive a salary or bonus within handed power salaries of judicial (according to the draft amendment proposal submitted to the House of Representatives) that carries on business non - litigation. in conclusion , it is better for an amendment to the electoral Commission Act in other important areas concerned with the development work of the Foundation and to ensure the neutrality and the strength of its decisions and fortify the arrows of defamation and build high the confidence of the electorate and we will look for it in the papers again. * former president to manage Iraq 's election commission[/rtl]
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