Amendments to the drug law in Egypt: The government addresses the constitutional ruling
The Egyptian government has begun taking urgent and decisive legislative steps to address the legal ramifications of the recent ruling by the Supreme Constitutional Court, which declared certain legal provisions related to the mechanism for updating and listing narcotic substances in the schedules attached to the anti-narcotics law unconstitutional. This move comes as part of the state's commitment to closing any legal loopholes that drug traffickers might exploit, and to ensuring the continuation of efforts to combat organized crime and protect society.
Background and details of constitutional rule
The story originates from a landmark ruling by Egypt's Supreme Constitutional Court, which invalidated the Minister of Health's unilateral authority to add new substances to the narcotics schedules without specific and precise legislative controls. The court based its reasoning on the principle that defining crimes and punishments is the exclusive prerogative of the legislature (parliament), and that the executive branch should only be delegated this power in the narrowest possible scope and according to strict criteria, in order to protect personal freedom and the principle of legality of crimes and punishments.
This ruling raised legal concerns about the possibility that some defendants in cases involving newly introduced drugs (such as Strox, Voodoo, and other synthetic substances) might escape punishment, based on the invalidity of the procedures for including those substances at the time of their arrest, which prompted immediate intervention from the government and parliament.
Government action and legislative amendments
In response to this situation, the Egyptian Cabinet approved a draft law amending certain provisions of the Law on Combating Drugs and Regulating Their Use and Trafficking. These amendments aim to establish a sound legal framework consistent with the Constitution, granting the relevant authorities the necessary flexibility to include and criminalize newly emerging narcotic substances as soon as they appear, but within strict legal controls that do not conflict with the rulings of the Constitutional Court.
The new amendments include clear texts that define the chemicals and compounds that are considered narcotics, with a scientific and legal mechanism to update the schedules attached to the law periodically and quickly to keep pace with the terrible development in the synthetic drug industry around the world.
The importance of the amendments and their societal and security impact
This step is of paramount importance at both the local and regional levels, given the following challenges:
- Combating synthetic drugs: The world, including Egypt, is witnessing a surge in the manufacture of synthetic drugs whose molecular structure is constantly being altered to circumvent the law. The new amendments ensure that these substances will be prosecuted and criminalized regardless of any changes to their trade names.
- Protecting national and social security: The spread of drugs poses a direct threat to Egypt's youth and workforce. Closing legal loopholes sends a strong deterrent message to smugglers and dealers that the law will catch up with them and there will be no loopholes to evade justice.
- Legal stability: This move ensures the stability of the legal positions of judicial rulings and prevents chaos in the courts as a result of appeals that may be submitted based on the previous constitutional ruling, thus enhancing confidence in the Egyptian judicial and legislative system.
In conclusion, this swift action reflects the harmony between the Egyptian authorities and respect for the rulings of the Constitutional Court, while preserving the supreme interest of the country in combating the scourge of drugs that threatens the safety of society.
