Page 21 - Issue-24-fr

ogine Ebrahim

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ELECTION FINES RETURN WITH

SENATE ELECTIONS: IS IT JUST A
THREAT?

After the end of the Egyptian Senate elections, which did not
in terms of implementation, we find constitutional laws that
receive any enthusiasm from the Egyptian citizens, we find
are decisive or peremptory and these laws cannot be
the National Election Commission headed by Lashin Ibrahim,
amended or changed during implementation, during any
Vice President of the Court of Cassation, issuing a statement
circumstances. As for the other type, they are non-decisive
announcing the referral of all citizens who didn ’t participate
laws so they may not be implemented or amended according
in the Senate elections to the Public Prosecution. To pay a fine
to circumstances. Here, in this case the Law of the political
according to Political Rights law No. 45 of the year 2014,
rights which regulate the idea of the punishment and
amended by Law No. 140 of the year 2020, in its Article No.
exemption is not decisive so the responsible committee,
57, which regulates the punishment of those who didn ’t
which is the Supreme Election Commission, has the
participate to perform this national duty and the conditions
authority to decide whether to apply it or not.
for exemption from it, as it stipulates that “he shall be
punished with a fine not exceeding 500egp, from those whose
Secondly, there are some jurists who see that the electoral
names were registered in the voter database and didn't fine has many weaknesses, because expressing one ’s opinion
participate without an excuse in an election or a referendum''
by participating or not is a national duty and right according
but the application of these rules in real life is hard , as the to what is stipulated in Article 87, and at the same time the
participation rate in the Senate was very weak, so the referral
rights were regulated by Article 92, which states that “ the
of 54 million citizen to the tribunal is almost impossible. rights and freedoms related to the personality of the citizen
do not tolerate delay or derogation. So No law has the
Therefore, we find that this decision caused a controversy on
authority to regulate the exercise of rights and freedoms by
social media sites. We find many sarcastic opinions, and many
restricting them in a way that affects their origin and
people underestimating the power of this law. But if we
essence." And if the punishment of the fine for not voting is
overcome that point and shift our attention towards the
applied, it will be a violation of the citizen's right, because
opinions of experts and lawyers, we ’ll see it completely
the right can be used by the citizen or not.
differently. Some of them showed their criticism, and some
others showed that they have the ability to easily exempt the Finally, I find that applying the fine punishment is difficult
people from that fine
at the scientific and practical levels, because it is not entirely
easy for the court to absorb the number of cases that will be
Also, we can easily notice that with the approach of each
referred to it, meaning the punishment of 54 million citizens,
election season, the Supreme Election Commission announces
in addition to its already existing cases. Secondly, a large
the imposition of punishments and fines on those who didn ’t
number of the citizens who didn ’t participate will not be able
participate in the elections but then we have never seen those
to pay the fine due to the difficult economic conditions,
decisions come into effect. All this raises many questions. Like
especially due to the Corona crisis, which affected the
how can a constitutional law not be applied? Is there a
income of many individuals. So these reasons lead us to
constitutional defect? Is the fine actually applicable, or is it
think that the fine punishment is just threat to increase the
just a threat with other goals?.
percentage of votes, and if not for the previous Senate
elections, then it will be for the next People's Assembly
First, how can a constitutional rule not be implemented?
elections.
Constitutional laws have different types.
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