02-08-2025
Supreme Court rules tourist houseboat fees unconstitutional - Tourism
The court, presided over by Chief Justice Boulos Fahmy, found that clauses (iv) and (vii) of Article Two of Ministerial Decree No. 294 of 2018—amended by Decree No. 357 of 2019—violated the constitution.
The clauses in question imposed fixed fees on tourist houseboats for docking at floating berths constructed by the Ministry of Water Resources and Irrigation and for the use of water spaces. These fees were presented as service charges, but the court held that they had been misclassified as 'utilization charges.'
In its reasoning, the court stressed that such administrative service fees must be backed by proper legislative authorization. However, it found that the decrees were issued under the Irrigation and Drainage Law No. 12 of 1984, which does not empower the minister to impose financial charges of this kind.
This, the court ruled, represented an overstep by the executive into powers constitutionally reserved for the legislature, thus violating Articles 38, 101, and 171 of the Constitution.
While acknowledging the potential financial impact of its decision—particularly the state's obligation to refund previously collected fees—the court cited Article 49 of its governing law to delay enforcement. The ruling will take effect the day after it is published in the Official Gazette.
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