File Photo: The Constitutional Court in Egypt. AFP
In its ruling, the court also ordered that all decisions issued by the EDA’s head, both before and after the decision declared unconstitutional, are null and void, finding them tainted by the same constitutional defect.
While the court stressed that the ruling does not prevent the punishment of drug-related crimes, it cancelled the tougher penalties imposed on synthetic drugs, saying they were issued without proper legal authority. It said all ongoing cases must be decided under the previous regulations, which impose lighter penalties.
The ruling stated that the invalid decision and related rulings should be treated as void from the date they were issued, restoring full effect to the original schedules and their lawful amendments.
These schedules will apply to criminal cases filed for incidents that occurred during the period when the invalid decisions were in force and will remain in effect unless they are lawfully amended or replaced. The Court of Cassation, criminal courts, and the public prosecutor are responsible for implementing the ruling.
The case was earlier referred to the Supreme Constitutional Court by a criminal chamber of the Court of Cassation, which found apparent constitutional flaws in the decision.
These flaws included an encroachment on the legislative authorization granted to the health minister to amend the original schedules under the Anti-Drug Law.
The ruling also found that the EDA’s head had exceeded his powers, as he cannot assume the minister’s authority under the Pharmacy Practice Law, which governs the regulation, registration, circulation, and oversight of pharmaceutical products.
In addition, the court said the decision had no legal basis in the law establishing the EDA, making it a breach of the separation of powers and the constitution.
However, the ruling has raised questions about the status of final court verdicts issued under the unconstitutional decision, as it opens the door to appeals by people who received harsher sentences under that ruling.
Constitutional and legal scholar Bahaa El-Din Abu Shoka suggested two solutions to address the ruling’s implications, describing the judgment as historic for reinforcing the principles of legality and the rule of law.
In TV remarks, Abu Shoka said the first solution is to file petitions for reconsideration under Article 441 of the Criminal Procedure Code to correct the status of convicted individuals before the Court of Cassation.
The second, he said, is to urgently submit the matter to parliament to enact legislation determining the status of cases during the interim period between the unconstitutional decision and the constitutional ruling.
Following the ruling, Minister of Health and Population Khaled Abdel-Ghaffar issued an urgent decision on Tuesday to replace the schedules attached to Law No. 182 of 1960, which regulates drug control, use, and trafficking.
In a statement, the ministry said the decision, implemented immediately in response to the court ruling, is an important step in Egypt’s efforts to combat drug abuse using firm and modern legal mechanisms.
The decision also aims to reorganize legislative and administrative responsibilities related to amending the schedules of narcotic drugs and psychotropic substances, ensuring full compliance with the constitution and the rule of law.
It further seeks to strengthen pharmaceutical and security oversight of these substances in line with the latest scientific and legal developments, ensuring more effective protection of society from the risks of abuse and illicit trafficking.
The ministry reaffirmed its commitment to implementing the Supreme Constitutional Court’s rulings and completing a legal framework that balances strict anti-drug measures with respect for constitutional and legal principles.
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