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The illusion of political participation and democratization in Egypt Security's approval is more important than the application of the Constitution, the law and people's desire to change
A long journey of political participation made by the people of Khulwa Resha village - Center of Tanta - Gharbia governorate, after the proceedings relating to political reform and the need to strengthen the values of participation in governance, released by the state media. The journey goes back to the beginnings of 2002 after meeting the people and agreed to pursue the negative effects of high population and lack of employment services and the lack of separation of the village, and the need to make a separate administrative unit of the village of Kafr Al-Mansour, which gets most of the services.
Successive meetings of the people in the house of the village head and wrote applications for the local chapter of the village the need for their village to be separate from the village of Kafr Al-Mansour and the local council of the village approved it under No. 167 on 24/6/2003 and came in the decision mentioned in Article II, "the approval of the separation of Khulwa Resha village from the village of Kafr El-Mansoura local unit of the village of Tanta Berma Center as a separate administrative unit after the adoption of the necessary administrative procedures" and in presenting the matter to the Governor of Gharbeya, he disapproved the decision on the non-approval of the security chapter in violation of the provisions of Act No. 43 of 1979 do wrong on the local administration and its implementing regulations.
The Center is denouncing the conservative position contrary to the law where the law requires the approval of the need for security, however, the philosophy of rule in Egypt refused to take any decision without the approval of security in contravention of the laws!!.
The Land Center is wondering - Do you need the various authorities and the governor to reject the request, the security official intervention, expressing opinion - Do you need different government agencies ordering them to not be linked to their security with the consent of the security?
Is it reasonable to govern security and intervene to make all the decisions of approval of the government in Egypt? Belief from the citizen's rights in political participation and the need to respect the law, the Center has made an appeal for the people of Khulwa Resha village in order to nullify the decision of the governor to reject the independence of the village in violation of the rules of substantive legal administrative authority when you want to arrange a specific legal effect through its administrative decisions have to abide by the rules of law and based on it do not violate them, or out on the borders and article 64 of the Constitution stipulates that (basically the rule of law rule in the State)
As the first article of Law No. 43 of 1979 on the local administration (local administration units are the provinces, districts, cities, neighborhoods and villages, each with independent legal personality and the establishment of the units and determine the scope and change names, cancel the decision of the Governor at the suggestion of the local People's Council of the village The Center is competent and the consent of the Council of the province of the People's ..)
According to the law, the governor's decision is tantamount to the approval of the adoption of the local People's Council for the maintenance of construction and there is no law in any of the views of the role of security and thus the decision to the governor of Gharbeya not to approve the separation of Khulwa Resha village - Mansoura against the law to be based on lack of consent of the security authorities to be abolished. The resolution defect reason for violating the provisions of Act No. 43 of 1979 on local government, or of the executive and the administration may thus be based on legally valid reasons, which makes the resolution of the non-existent and lacking legitimacy.
As the governor violated the purpose of issuing the resolution, where the law required a public employee should aim to achieve resolutions of public interest, but the decision had been a contested sale of abuse of authority has administrative court ruled that (abuse of power is the use of the law in order to break the law, a form of abuse of the power of the intentional violation of the law with respect to pretend it does not come out as a deliberate violation of the objectives of the law and the law itself but to the multiplicity of the distinction between the objectives and provisions of the Act) (Court ruling in the year 3 group 7/6/1949 p. 93)
Since the law has led to the governor's approval for the establishment of the villages after the approval of the local People's Council to maintain and that the decision to the governor as the adoption of a resolution approving the local People's Council and the Governor in accordance with the law does not have the authority to create the village but who has the People's Council is the local counties and limited the role of the governor in the adoption of the resolution are either refusing to approve the resolution, the pretext of lack of consent of the security flaw is that the abuse of power and diversion of public interest.
The Center called for the need to achieve in his or her desire for the people and protect their interests and rights in the presence of the village and the villagers have an independent interest and care for them and solve their problems and working on the construction of schools, centers, and providing good public services and supports their rights to political participation. The center called in its appeal for the need to cancel and stop the implementation of the Governor's decision not to approve the separation of Khulwa Resha village from the village of Kafr El-Mansoura. The Center calls for the President of the Republic with a commitment to the need for its application of the laws by his ministry and the governors appointed, as called for People's Assembly and Shura Council, the need for a law to punish any public official is not bound to apply the law and to request the intervention of security or opinion, without a legal text.
The Center calls upon the institutions of civil society and people's congresses and members of the local village and maintain the organization of a campaign to compel the governor of the West and its various application and respect for the law. The Center and the union's general counsel need to move the offense, which provides the direct removal and imprisonment of the public official who violates the application of the general provisions of the law and judicial rulings. So as to ensure the rights of citizens to participate, and guarantee them decent and safe living.
For more information, please contact the Center