CAIRO – Egypt’s Supreme Constitutional Court ruled on Monday that a decision by the head of the Egyptian Drug Authority to unilaterally amend drug schedules was unconstitutional. The ruling, delivered during a session presided over by Chief Justice Boulis Fahmy Iskander, affirmed that the authority head lacked the legal power to alter the lists of controlled substances outlined in Law No. 182 of 1960.
The court’s decision specifically targeted Decree No. 600 of 2023, issued by the Drug Authority’s head, which sought to revise the schedules attached to the 1960 law concerning narcotics and their regulation. The ruling invalidates all previous and subsequent decisions issued by the head of the Drug Authority regarding modifications to these schedules, effectively stripping them of their legal basis.
The case originated from a referral by a criminal chamber of the Court of Cassation, Egypt’s highest court for criminal appeals, which identified a constitutional flaw in the Drug Authority head’s actions. The Supreme Constitutional Court found that the decision constituted an overreach of authority, encroaching upon the legislative powers delegated to the Minister of Health and Population for amending the drug schedules as stipulated in Article 32 of the 1960 law.
The court further determined that the Drug Authority head’s actions exceeded the scope of their authority as defined in Law No. 127 of 1955 concerning the practice of the pharmacy profession, which pertains to the regulation of registration, circulation, and control of pharmaceuticals. The court found no legal justification for the authority head’s actions within either Article 2 of Law No. 151 of 2019 or Article 15 of the law establishing the Egyptian Drug Authority.
“The challenged decision undermines the principle of the rule of law, violates the principle of legality in crimes and punishments, infringes upon the principle of separation of powers, and contradicts Articles 5, 94, 95, and 101 of the Constitution,” the court stated in its ruling.
The court extended the invalidation to all decisions issued by the Drug Authority head, both before and after the challenged decree, that modified the drug schedules, deeming them similarly unconstitutional and therefore null, and void.
The ruling clarifies that the schedules attached to the presidential decree implementing Law No. 182 of 1960, along with any amendments, remain in effect. These schedules will continue to be applied in criminal cases involving narcotics offenses that occurred during the period the invalidated decisions were in force. The court stipulated that the schedules will remain valid unless amended or replaced by a legally sound instrument.
The Court of Cassation, courts of appeal, and the Public Prosecutor are tasked with implementing the ruling, in accordance with Article 195 of the Constitution and Articles 48 and 49 of the law governing the Supreme Constitutional Court.
