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The Supreme Constitutional Court, in its session held today Saturday, ruled to dismiss the claim filed against the unconstitutionality of articles (38 and 102) of the Building Law promulgated by Law No. 119 of 2008, which determines the two prison sentences for a period not exceeding five years and a fine not less than twice the value of the works and no more. For three times that value, whoever builds buildings without a license from the competent administrative authority.
The ruling was issued headed by counselor Saeed Marei Amr
Counselor Dr. Hamdan Fahmy, Head of the Technical Office, stated that the court built its judiciary on the basis that the penalties that the legislator monitored for facing unlicensed construction crimes were decided to face intentional crimes that threaten the safety of life and property, and harm the public interest with the negative connotations that undermine the state’s orientation toward establishment A civilized environment that violates urban planning projects and undermines state efforts to eradicate slums that undermined their efforts for human development.
The penalties for building without a license were framed within the limits of the constitutional penalization and sanction controls, and in accordance with the seriousness of the sinful criminal act and to face a phenomenon of great danger, and to protect a legitimate social interest, in accordance with the provided in the constitution.
The court also ruled on the constitutionality of article (68) of the Capital Market Law No. 95 of 1992, which establishes that those responsible for the effective management of commercial securities companies will be sanctioned with the penalties provided for by the acts committed in contravention of the provisions of the law.
The court issued other judgments related to the unconstitutionality of article (5/31) of the internal regulations governing exam work and its rewards at the University of Mansoura, as it contained the prohibition for delegates to obtain the exam reward, as well as the unconstitutionality of article (102) of the Statute of Personnel Affairs of the Egyptian Ambulance Authority, which refers to In exchange for the cash balance of the vacation.
Likewise, the court ruled the constitutionality of the last paragraph of article (126) of the Law of the Central Bank, Banking and Monetary Agency No. 88 of 2003, which provides for the seizure and confiscation of amounts in foreign currency if they exceed ten thousand dollars at Leave the country.
The court ruled not to accept the implementation dispute presented by failing to consider the ruling of the arbitration panel of the Ministry of Justice in the matter of a tax dispute between the Tax Authority and a public sector company, and the court said that the jurisdiction of the committee of arbitration by the Ministry of Justice to consider this dispute without judging the State Council is that it is a government entity A public sector company, in accordance with article 56 of Law No. 97 of 1983 on public sector organizations and companies before its repeal by Law No. 4 of 2020, so it does not constitute an obstacle to the implementation of the Supreme Constitutional Court ruling that assigned this competence to the courts of the Council of State.
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