The Federal Supreme Court ruled unconstitutional paragraph in the budget was impeding investment projects

7/11/2018
The Federal Supreme Court ruled unconstitutional section in one of the paragraphs of the budget law for the year 2018, which would impede the implementation of investment projects.


"The Supreme Court of Justice held its session on 10/7/2018 under the chairmanship of Judge Medhat Al-Mahmoud and the presence of all the members of the judges, and considered the appeal contained in Article (2 / II / 19) of the General Budget Law, which states: (All sovereign guarantees for investment projects with the approval of the Council of Ministers and the ratification of the House of Representatives).


He added that "the Federal Supreme Court found that the House of Representatives added the last paragraph, which is the need to ratify the House of Representatives on the sovereign guarantees, to the draft law subject to appeal without reference to the Council of Ministers."


He explained that "the court explained that this text would restrict the movement of the executive authority in the contracts relating to investment projects, and this is interference in the affairs of the executive authority and contrary to the principle of separation of powers provided for in Article (47) of the Constitution, First) of the Constitution. "


The spokesman added that "the Federal Supreme Court stated that it is not the competence of the House of Representatives to ratify the sovereign guarantees of investment projects, but it exercise its powers to control the performance of the executive authority in this area, and resort to constitutional means if there is a defect in performance,

The movement of the executive authority by requiring the ratification of the sovereign guarantees for investment projects, and accordingly the court decided to rule unconstitutionality of the last part of the said article including the ratification of the House of Representatives on the sovereign guarantees.

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