The Supreme Constitutional Court, in its session held today, Saturday, headed by Counselor Boulos Fahmy Iskandar, ruled that Articles (43-51) of the executive regulations of the General Authority for Teaching Hospitals and Institutes issued by Presidential Decree No. 774 of 1976 are unconstitutional, which are the texts regulating the discipline of members of the aforementioned body.
The court based its judgment on the basis that Law No. 69 of 1972 regarding scientific researchers stipulates that the provisions of Law No. 49 of 1972 regulating universities will apply to scientific researchers in scientific institutions existing at the time of its issuance or those added to it by the President of the Republic.
Thus, the discipline of the members of that body is necessarily subject to the disciplinary system stipulated in the aforementioned Law of Organization of Universities, and therefore it may not be regulated by a legislative instrument inferior to the law.
The court said that Law No. 69 of 1972 authorized the President of the Republic to add one of the bodies to the scientific institutions subject to its provisions, and authorized him to issue executive regulations for scientific institutions and bodies, but he limited this authorization to the issues specified in clauses (a, b, and c) of Article ( 2) of that law, and the development of a disciplinary system for members of the Commission was not among the topics that the legislator delegated to him, and therefore what was included in the executive regulations regarding discipline exceeds the limits of the legislative mandate stipulated in Law No. 69 of 1972.
