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04:20 pm
Saturday 17 October 2020
Books – Mahmoud Al-Shorbagy:
The General Assembly of the Fatwa and Legislation Departments of the State Council concluded that it was not appropriate to express an opinion on the extent of the legality of the decision issued by the Egyptian Olympic Committee to suspend the activity of the President of the Board of Directors of the Zamalek Club , because the request was related to a dispute that is still pending before the judiciary.
The association said in its fatwa that the Ministry of Youth and Sports sent the State Council a letter in which the State Council – the Fatwa General Assembly and the Legislation sections – questioned the scope of the legality of the decision issued. by the Egyptian Olympic Committee to suspend the activity of the President of the Board of Directors of the Zamalek Club, and summon his seat in the ordinary general assembly of the club, according to the provisions of the Sports Law and the powers conferred on sports organizations, their general assemblies and their boards of directors.
The fatwa added that the president of the Zamalek club had filed two lawsuits with the Council of State, in which he demanded the suspension of the decision issued to suspend their activity for a period of 4 years and a fine of one hundred thousand Egyptian pounds only, and the invitation to take your seat in the regular general assembly of the club.
He explained that the Law of the Council of State promulgated by Law No. (47) of 1972 establishes: “The General Assembly of the Fatwa and the Sections of Legislation will have the power to issue an opinion on the following issues and topics: – International, constitutional, legislative and other legal matters that are referred to him due to their importance by the President of the Republic. Or the President of the Legislative Authority, or the Prime Minister, or a minister or the President of the Council of State.
The General Assembly also reviewed what was established by its fatwa that the competence it has to express an opinion on legal issues that are referred to it due to its importance in one of the legally established methods, is based on the origin of a certain factual situation, including the circumstances, circumstances and other considerations that it entails, in accordance with current legal systems. However, it would be inappropriate to address a particular issue by expressing an opinion on it each time it is brought to court.
The association concluded that from the papers it is proven that the request for this opinion has been presented, in respect of which the two lawsuits No. (2015) and (2200) of 75 BC were filed before the Administrative Court (Second Circuit) with the in order to stop the execution and then annul the decision of the administrative authority refusing to refrain from declaring the committee’s decision null. The Egyptian Olympic Committee issued on October 4, 2020, and the session of these two demands was set for the current session of October 18, so it is inappropriate – and so it is – to issue a legal opinion on the present matter, since It is related to a dispute that is still pending before the Judicial Power.
