Egypt's Administrative Court ruled on Tuesday that the case brought to it against President Morsi's dismissal of Mubarak-era prosecutor-general Abdel-Meguid Mahmoud is outside its jurisdiction.
The court has referred the case to Cairo's Court of Cassation, which it says has jurisdiction over appeals against cases associated with members of the judiciary.
The case seeks to revoke Morsi's decision on the grounds that the removal was unconstitutional, unlawful and bypassed the judiciary. It also demands the removal of the current Morsi-appointed prosecutor-general, Talaat Abdullah.
Under the Egyptian legal system, the prosecutor-general is dismissed by judicial decree, not by the president.
Morsi, however, dismissed Mahmoud within the context of a legislative void, via a highly controversial constitutional declaration he issued in November 2012.
The removal of the prosecutor-general sparked uproar among Egypt's opposition, with critics arguing that through the constitutional declaration, Morsi had granted himself both executive and legislative power.
Many of Egypt’s opposition forces are demanding the dismissal of current prosecutor-general,Talaat Abdullah.