Egypt court overrules president over parliament (REUTERS) By Edmund Blair and Yasmine Saleh CAIRO, EGYPT 07/10/12 4:53pm EDT)
Reuters News Service
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(Reuters) - Egypt´s Islamist-led parliament reconvened on Tuesday in
an open challenge to the generals who dissolved it last month.
The supreme court swiftly ruled the newly elected, Islamist president
had acted illegally in summoning the assembly, heightening a
confrontation between the newly elected head of state and an
establishment that once served Hosni Mubarak.
The legislature, dominated by President Mohamed Mursi´s Muslim
Brotherhood and allies, was dismissed by the army in line with a
Supreme Constitutional Court ruling last month, days before Mursi´s
election. Mursi, the first civilian leader to lead Egypt in 60 years,
ordered parliament´s recall on Sunday.
In sign the standoff would not end swiftly, Brotherhood officials
were quick on Tuesday to question the court´s right to rule against
the president´s decree and vowing to fight on.
"I invited you to convene in accordance with the decree issued by the
president," said parliament speaker Saad al-Katatni, a Brotherhood
man like Mursi, had told parliament.
But many liberal groups - heavily outnumbered by Islamists in
parliament - boycotted Tuesday´s session, saying Mursi´s decree was a
violation of the powers of the judiciary.
Then, just hours after lawmakers gathered, the supreme court issued a
fresh order: "The court ruled to halt the president´s decision to
recall the parliament," Maher el-Beheiry, the court´s chief justice,
Egypt´s troubled transition to democracy is increasingly being fought
in the courts, but that masks a much deeper conflict with an
establishment rooted in six decades of military rule, half of that
period under the leadership of Mubarak.
Senior Brotherhood official Mahmoud Ghozlan said the latest court
ruling was linked to the army: "It is part of a power struggle
between the military council and the president who represents the
people and in which the military council is using the law and the
judiciary to impose its will," he told Reuters.
In a war of attrition that may play out over years, Islamists long
suppressed by Mubarak and his military predecessors are seeking to
push generals out of politics and reform a wider establishment still
filled with Mubarak-era officials.
Protests in Cairo´s Tahrir Square, which had gathered in support of
Mursi´s decree earlier in the evening, swiftly turned to chants
against the court ruling: "Void, void," they shouted.
The Brotherhood signaled it would not retreat.
Presidential legal adviser Mohamed Fouad Gadallah told Al-Ahram
newspaper´s website it was "not within the competences of the
constitutional court" to assess the president´s decree.
Brotherhood lawyer Abdel Moneim Abdel Maqsoud said his group
respected the law: "But we also confirm we will continue to fight in
all ways to defend what is right," he said.
A member of the Brotherhood´s Freedom and Justice Party, Ahmed Abu
Baraka, called the court ruling "political thuggery".
Parliament was elected in six weeks of voting that ended in January,
under a complex procedure which the Supreme Constitutional Court
ruled on June 14 was unconstitutional, declaring the lower house
void. The then-ruling military said that meant parliament had to be
dissolved. But Mursi´s backers say it should be allowed to work until
early elections are held.
Mursi appeared to have stolen a march on the army, in their first
skirmish. But the court ruling indicated the long campaign he will
have to fight in courts, with both sides seeking to exploit deep
political divisions in the nation of 82 million.
"It is a dangerous game," said Hassan Nafaa, a professor of political
science who was an active opponent of Mubarak´s rule and backed
protests that ousted him. "I hope there will be some political
solution to that crisis by direct negotiations between the president
and the Supreme Council of the Armed Forces."
Aside from rival statements issued by the Brotherhood and the army,
there has been no public sign of a clash. Mursi and SCAF chief Field
Marshal Hussein Tantawi, who ruled the country in the interim after
Mubarak quit, have seemed relaxed together at public events before
and since the president´s decree.
In an air force graduation ceremony shown on live television on
Tuesday, display aircraft left a vapor trail shaped like a heart in
the sky for the dignitaries, prompting a big smile from Chief of
Staff Sami Enan and a hesitant smirk from Mursi, who was seated
between Enan and Tantawi.
How the dust settles in Egypt will have repercussions across a region
where Islamists, many inspired by the Brotherhood, have emerged as
powerful actors in revolts that toppled autocrats in Tunisia and
Libya, and a rebellion still being fought in Syria.
Generals sought to rein in the new president´s powers in a last-
minute election day decree. But short of staging a coup - a move seen
by most analysts as unlikely and certain to unite Islamists and their
secular rivals - Egypt´s army has limited room to maneuver since
handing executive office to Mursi.
The military is now reliant on favorable rulings from judges - known
to have a strong anti-Islamist streak, but, like the rest of Egypt,
also divided. Rulings in the Supreme Constitutional Court so far have
played in their favor.
Generals can maintain influence by negotiating quietly with the
Brotherhood behind the scenes. They met regularly during the
transition, although Western diplomats say relations became
increasingly tense, particularly when the Brotherhood made a U-turn
on an earlier pledge not to seek the presidency. Dialogue is clearly
the tactic urged by the West and liberal politicians.
"The national conscience demands an immediate meeting between the
president, representatives of the legislature and the military
council to reach a political and legal solution to avoid the country
exploding," reformist politician Mohamed ElBaradei wrote on Facebook
as parliament met.
U.S. Secretary of State Hillary Clinton said: "We strongly urge
dialogue and concerted effort on the part of all to try to deal with
the problems that are understandable but have to be resolved in order
to avoid any kind of difficulties that could derail the transition
that is going on."
Western states, long wary of political Islam but now seeking to
engage with the Brotherhood, have watched Egypt´s turmoil closely, in
particular the United States, concerned about the stability of the
first Arab nation to make peace with Israel.
Clinton, whose country gives Egypt´s military $1.3 billion in aid
each year, meets Mursi when she visits Egypt on July 14.
On Monday, the army defended its dissolution of parliament, saying it
had had to respect the court´s first ruling. In an apparent swipe at
the president, it said it was confident "all state institutions"
would respect the constitution and the law.
Nevertheless, the army did not take any steps to prevent lawmakers
from entering parliament.
More battles lie ahead, such as a debate over the writing of a new
constitution. The army, in its decree last month, gave itself the
right to form a new constitution-writing body if the one picked by
parliament hits an obstacle. An earlier constituent assembly was
dissolved by a court.
Dozens of legal cases are now before a range of courts over issues
including Mursi´s decree, the validity of the constitutional assembly
and the election of the upper house.
The Brotherhood says it is seeking a way to comply with the supreme
court´s ruling without dissolving the legislature.
Parliament voted to send a list of members to a court of appeal to
determine whether or not they should continue to sit in the chamber,
setting the stage for a new legal battle. (Reporting by Dina Zayed,
Omar Fahmy and Marwa Awad; Writing by Edmund Blair; Editing by Peter
Graff and Alastair Macdonald) (© Thomson Reuters 2012. 07/10/12)
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