May 21, 2011

Headed by Mr. Advisor Magdi Hussein Mohammed Al-Ajati, Vice-Premier and President of the Court
The members of the professors are Advisors Hussein Mohammed Abdul Majid Barakat, Ahmed Abdul Tawab Mohammed Musa, Adel Syed Abd al-Rahim Hassan Brik and Munir Abdul Kaddous Abdullah. Vice-Premiers

Appeal No. 39155 for the year 56 supreme court.

(a) An administrative decision - the control of its legitimacy is weighed in accordance with the legal rule that was in force at the time of its issuance - the basis for this.
The original is that the legal rule governs the facts and legal centers under its authority, Any of the date of its work, and applies retroactively to the facts and legal centers prior to this date only with a special provision that determines the retroactive effect - the realization of this is entrusted to the fact that the incident or legal status has been completed and their tapes have been fulfilled under the legal rule, if the incident or legal status is in the process of being formed until the right of the legal rule has an amendment affecting one or more elements of this incident or status, the new rule must be applied - the legal status caused by the administrative decision as a voluntary legal action resulting in the administrative authority has disclosed its will, this status shall be completed, and therefore the rule to be applied to indicate the extent to which the decision is agreed with its status with its ruling, is the rule that was issued at the time of its operation, under its temporal validity, without any modification made to it after the administrative authority has exhausted its mandate to issue it - the basis for that. : This court shall proceed with the mandate of annulment, under which the decision weighs the balance of legitimacy in the light of the provisions of the law, and if it is found to be in violation of its provisions, its ruling shall be a revealing provision of the extent to which that decision was issued, including the validity of the rule of law, or naked from the support of its validity, canceling it in the second case, arranging the effect of cancellation in accordance with the argument of the cancellation provisions, so that the decision shall be considered to be appropriate to cancel it as if it had not been since its issuance. And not from the date of the verdict to cancel it.
(b) Political parties - their origins and acquisition of legal personality - the nature of the Supreme Administrative Court's control over the decision to object to the establishment of the party and its impact - the law is applicable.

Articles (7), (8) and (9) of Law No. 40 of 1977 by the political party system, amended by Law No. (177) of 2005, and by Decree No. (12) of 2011.

The legislator suspended the political party's legal personality in the event of a ruling to overturn the decision of the Party Affairs Committee to object to its establishment on the verification of the fact of the ruling itself, thereby excluding the authority of this ruling from the fact that the party is considered to exist as a legal existence from the date on which that decision was considered to be repealed as if it were not - the legal rule applicable on the legality of the committee's decision to object to the establishment of the party is the rule that was issued under its validity Because the incident or the legal status has been completed and their tapes have been fulfilled by the administrative body exhausting its mandate to issue its decision, the ruling of this court reveals the extent to which that decision was issued in accordance with the rule of law or not, but the legal rule to be applied regarding the enjoyment of the political party, which ruled that the decision to object to its establishment is illegal, which is the rule that makes the ruling when it takes effect. Without the other, that was in force at the time of that decision - to say otherwise leads to withholding of the application of what must be applied directly, and an extension of the old rule despite the decline of its ruling in violation of the validity of the rule of law (1).