Egypt: A recent ruling by the Supreme Constitutional Court regarding the acquisition of Egyptian nationality

Published: 9/Mai/2021
Source: EGYLS.com

Translation by Google Translate.

Written by: Ali Abdel Gawad

The Supreme Constitutional Court, headed by Counselor Said Marei, ruled that the case referred by the Administrative Court to request a ruling on the constitutionality of the text of the second paragraph of Article 3 of Law No. 154 of 2004 amending some provisions of Law No. 26 of 1975 regarding Egyptian citizenship, in what it did not include in granting Egyptian nationality, was not accepted. Egyptian nationality for the grandchildren of the Egyptian mother.

The ruling was based on the fact that the referred legislative text addresses cases prior to the date of Law No. 145 of 2004 in force, and that the plaintiffs in the substantive lawsuit were born to a non-Egyptian mother and father, and their maternal grandmother obtained Egyptian citizenship within 2013, and their mother obtained Egyptian citizenship in 2014. And that the acquisition of Egyptian nationality by either of them, in accordance with the texts of Articles (22 and 19) of the aforementioned Egyptian Nationality Law, is considered from the date of the granting decision, and does not have an effect in the past. And the fact of the referral refers to a request for the legislator’s approval of a new exception, according to which Egyptian nationality is granted to the children of the mother, or the grandchildren of the grandmother, which of them obtained Egyptian nationality after the effective date of Law No. 154 of 2004, a matter that the legislator is independent of his discretion.

The lawsuit, which bore No. 145 of the constitutional year 39, was filed to demand the unconstitutionality of the first paragraph of Article 3 of Law No. 154 of 2004, amending some provisions of the Nationality Law.

Article 3 of the Nationality Law stipulates that a person who was born to an Egyptian mother and a non-Egyptian father before the effective date of this law, has the right to announce to the Minister of Interior his desire to enjoy the Egyptian nationality, and he is considered an Egyptian by the issuance of a decision to that effect from the Minister, or by the lapse of a period of one year from the date of the announcement without a decision being issued cause him to refuse.

The enjoyment of Egyptian nationality in application of the provisions of the previous paragraph entails the enjoyment of this nationality by minor children. As for adult children, they shall enjoy this nationality by following the same previous procedures.

If a person born to an Egyptian mother and a non-Egyptian father dies before the effective date of this law. His children shall have the right to enjoy citizenship in accordance with the provisions of the previous two paragraphs.

In all cases, the declaration of desire to enjoy the Egyptian nationality for the minor shall be made by his legal representative or by the mother or the person responsible for education in the absence of either of them.

Counselor Mahmoud Ghoneim, Vice-President of the Court, commented on the ruling, stating that it was based on the fact that the transferred legislative text addresses cases prior to the date of law No. 145 of 2004 working, and that the plaintiffs in the substantive lawsuit were born to a non-Egyptian mother and father, and their grandmother, Um Ali, obtained Egyptian citizenship in 2013, Their mother obtained Egyptian citizenship in 2014.

He added that the acquisition of Egyptian nationality by either of them, in accordance with the texts of Articles (22 and 19) of the Egyptian Nationality Law referred to, is considered from the date of the granting decision, and does not have an effect in the past, and accordingly, the provisions included in the transferred legislative text have nothing to do with the substantive dispute. And that the fact of the referral refers to a request for the legislator’s approval of a new exception, according to which Egyptian nationality is granted to the children of the mother, or the grandchildren of the grandmother, which of them obtained Egyptian nationality after the effective date of Law No.154

Read original: https://egyls.com/%d8%ad%d9%83%d9%85-%d8%ad%d8%af%d9%8a%d8%ab-%d9%84%d9%80-%d8%a7%d9%84%d8%af%d8%b3%d8%aa%d9%88%d8%b1%d9%8a%d8%a9-%d8%a7%d9%84%d8%b9%d9%84%d9%8a%d8%a7-%d8%a8%d8%b4%d8%a3%d9%86-%d8%a7%d9%83/

Themes: Discrimination, Sexuelle
Regions: Egypte
Year: 2021