A Ruling Ten Years in the Making: Egypt's SCC on Judicial Oversight Over Public Law Contracts

After nearly a decade, Egypt's Supreme Constitutional Court confirmed the constitutionality of Decree-Law No. 34 of 2014, issued by the interim President and former SCC President Adlī Manūr. This law has been highly controversial due to its significant restrictions on judicial appeals concerning contracts made by the state or its affiliated entities. The law stands in opposition to the trend within Egyptian administrative courts, which had broadened the scope for accepting such appeals. These courts viewed judicial oversight of state contracts as a fundamental safeguard in the privatization process, particularly in light of irregularities in some of these agreements. The Egyptian administrative judiciary had grounded this expansive approach in several constitutional provisions, consistently reaffirmed in republican-era constitutions, which emphasized the people's ownership of public projects and their duty to protect them. To halt the series of rulings invalidating many state contracts, constitutional amendments were introduced, setting the stage for the enactment of Decree-Law No. 34 of 2014. Although the Supreme Constitutional Court offered several arguments to justify the law's constitutionality, these justifications are open to alternative interpretations. In practice, the ruling has lowered the judicial safeguards surrounding state contracts, which contrasts with the broader protective trends seen in comparative legal systems.