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08:56 p. M.
Sunday 22 November 2020
Books – Mahmoud Al-Shorbagy:
Today Sunday, the Administrative Judicial Court of the Council of State referred the case of Mortada Mansour, president of the Zamalek Club, in which he asks for the suspension of the decision issued by the Egyptian Olympic Committee, to dismiss him for a period of four years and to force the Zamalek Club leadership to call a general assembly to elect a new president for the club, to the Authority of State Commissioners.
Some ask about the role of the State Commissioners Authority, its powers and competence to initiate cases, and whether or not its role affects the urgent part in the appeals hearing.
The Authority of State Commissioners is in charge of preparing the administrative case and expressing its opinion in it, taking into account that its opinion is not binding on the court, and may or may not be taken, but it is a necessary procedure.
Counsel for the State Council, Mohamed Hamed, explains that the Commissioners Authority is the custodian of administrative disputes and the basis for preparing them and preparing them to plead and express a neutral legal opinion on them.
He added, in exclusive statements to “Masrawy”, that the Commissioners Commission is not a party with a vested interest in the dispute, and that the judgment in administrative cases and appeals is only issued after the commission prepares them and presents a report of legal opinion with cause.
Article 27 of the Law of the Council of State No. 47 of 1972 establishes that “the Authority of State Commissioners shall prepare the case and prepare it for the plea. Which is deemed necessary to be investigated or for the entry of a third party in the lawsuit or to instruct the interested parties to present memoranda or complementary documents and other investigation procedures within the term established by him for that … The commissioner , upon completion of the case preparation, submits a report identifying the facts and legal issues raised by the dispute and expressing His opinion is justified and interested parties can view the commissioner’s report at the court clerk’s office and can request a copy of it at your expense, and the commissioner will decide on requests for exemption from fees.
Hamed pointed out that the legislator in the State Council Law granted the Commissioners Authority a set of specializations, in addition to “preparing the case and preparing it for the plea, preparing a report on the case, proposing to end the dispute amicably, adjudicate requests for waiver of court fees and challenge judgments. “
And Counselor Muhammad Raslan, Secretary General of the Arab Union of Administrative Judiciary, confirmed during a Union workshop in January 2020, that the urgent part of the demands refuses to refer to the commissioners, because the presumption of urgency requires a decision to stop the implementation, either by rejection or acceptance.
Raslan pointed out that the Commission of Commissioners produced a report that it is inadmissible to appeal decisions issued by the court, such as postponement or referral to the commissioners.
Today Sunday, the Administrative Court of the Council of State set the session of December 27, for the report of the Authority of State Commissioners, on the demand of Mortada Mansour, president of the Zamalek Club, in which it demands the suspension of the decision issued by the Egyptian Olympic Committee, to dismiss him for a period of four years and to oblige the management of the Zamalek Club to convene an association. General to elect a new club president.
