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The Federal Supreme Court rejects a challenge against a Law that provides funds for building schools and kindergartens

The Federal Supreme Court rejects a challenge against a Law that provides funds for building schools and kindergartens

 

The Federal Supreme Court rejected the challenge against a law that provides financial resources for building schools and kindergartens, stressing that its texts serve the interest of the education process and it free-of-charge.

The court's spokesperson, Iyas al-Samuk, stated, "The Federal Supreme Court held its session headed by Judge Medhat al-Mahmoud and the presence of all the member judges, and considered the lawsuit in which the plaintiff has litigated both the Speaker of Parliament and the President of the Republic /being in their posts."

Al-Samouk added, “The plaintiffs have challenged in their case petition the unconstitutionality of the Law No. (19) of 2019, under the claim of its contradiction with the principles stipulated in Article (34) of the Constitution.”

He pointed out that "the first defendant, the Speaker of the Council of Representatives/ being in this post, responded that the Council of Representatives has issued the Law based on its jurisdictions stipulated in Article (61/1st) of the Constitution."

He continues, "The first defendant stated that the Law did not impose on officials in free or compulsory education a charge, but rather on those covered by the provisions of the Stamp charge Law No. (71) for 2012, and the Law on Judicial charges No.(114) for 1981."

Al-Samuk confirmed, "The second defendant, the President of the Republic/ being in this post, also requested to reject the case because of the incorrectness of the litigation being directed against him, as he was not the one who legislated the Law, according to the provisions of Article (4) of the Civil Procedure Law, in addition to other defenses relate to the claim objectively”.

The Spokesman stated that "The Federal Supreme Court found from reviewing the case, its substantiations, and the responses of the defendants that the Law the subject of challenge does not affect the education process and it free of charge."

He cleared, "The court stressed that participation of the categories mentioned in the Law of Stamp charge and the Law of Judicial charges in building schools and kindergartens as places where the free education process takes place, does not mean the confiscation of the right stipulated in Article (34) of the Constitution, but rather is intended to the contribution of segments of the society covered by the provisions of the Stamp charge Law and the Law of Justice charges in providing the financial resources required to build schools and kindergartens, and that serve the interest of and the process of education and its free of charge. "

Al-Samuk went on to state that "the Federal Supreme Court ruled that the plaintiffs case is not based on a substantiation of the constitution, therefore the court decided to reject it of the first defendant, Speaker of the Council of Representatives/ being in this post for the mentioned reasons, and to reject it of the second defendant, the President of the Republic/ being in this post, because it is not authentic to direct the litigation to him”.

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