CAIRO — President Mohamed Morsi agreed on Monday to limit the scope of a sweeping decree he had issued last week that raised his edicts above any judicial review, according to a report by a television network allied with his party. The agreement, reached with top judicial authorities, would leave most of Mr. Morsi’s actions subject to review by the courts, but it appears to preserve a crucial power: protecting the country’s constitutional council from being dissolved by the courts before it finishes its work.
Ahmed Jadallah/Reuters
Protesters ran for cover during clashes with riot police at Tahrir square in Cairo on Monday.
Tara Todras-Whitehill for The New York Times
Egyptians mourned Mohammed Gaber Salah, an activist who died Sunday from injuries sustained during protests, before his funeral on Monday in Cairo.
The agreement was announced by a spokesman for the president; as of Monday night it had not yet been confirmed by the judges.
The Muslim Brotherhood, the Islamist group that sponsored Mr. Morsi and his party, announced that it was canceling a major demonstration in support of the president that had been planned for Tuesday.
Mr. Morsi’s deal with the judges follows four days of rising tensions and flashes of violence across the country set off by his decree, which removed the last check on his power to rule Egypt.
Mr. Morsi said he was forced to issue the decree in order to protect the constitutional assembly from the courts, which had shuttered Egypt’s first freely elected parliament and disbanded an earlier constituent assembly, both dominated by Mr. Morsi’s Islamist allies. But the scope of the new powers claimed by the president galvanized his political opposition. Vandals attacked more than a dozen offices of his political party, and thousands of people demonstrated in the streets to vent their fears of a new autocracy in a country that had just shaken one off.
The agreement announced on Monday could be a watershed moment for Egypt’s new order: a triumph of respect for the rule of law and the independence of the courts, and a demonstration that Egypt’s new leaders are capable of the kind of compromise in the national interest that often eludes the party leaders in even the most practiced democracies.
But opponents appeared set to hold out for a further withdrawal of presidential authority, as well as the immediate dissolution of the constitutional assembly. Speaking at a press conference while Mr. Morsi was meeting with the judges, the opposition activist and intellectual Abdel Haleem Qandeil called for “a long-term battle,” declaring that the limiting of the decree should only be the first step toward the opposition’s goal of “the withdrawal of the legitimacy of Morsi’s presence in the presidential palace.”
Mr. Morsi’s advisers emphasized on Monday that they had not altered the decree’s language, and they portrayed the agreement with the judges as merely an explanation of the president’s original intent, rather than any pullback.
But the statement Mr. Morsi issued last Thursday to claim his broader powers had explicitly exempted all his future edicts from judicial oversight until a new constitution is ratified, and in recent days Mr. Morsi’s justice minister, Ahmed Mekki, publicly criticized the wording of the decree as over-broad; he argued that the president should add a phrase restricting its application only to presidential edicts related to the constitutional assembly and certain other matters.
Some of the ramifications of the deal remain unclear. Mr. Morsi and the judges of the Supreme Judicial Council agreed to limit the scope of the president’s immunity from judicial review to matters known in Egypt as acts of sovereignty. That is an established formulation in Egyptian law, so interpreting the decree that way meant he would not be claiming new immunity.
By accepting that interpretation, Mr. Morsi in effect pulled back from the aspects of his decree that aroused alarm about a power grab.
Still, the deal appeared to give Mr. Morsi the power he said he had deemed most essential: to protect the constitutional assembly so that it can stay in business long enough to finish a charter and end Egypt’s tortured transition after the overthrow of its former strongman, Hosni Mubarak.
Cracks appeared in Mr. Morsi’s government on Sunday over the decree. At least three other senior advisers resigned over the measure, and the move had also prompted widening street protests and cries from opponents that Mr. Morsi, who already governs without a legislature, was moving toward a new autocracy in Egypt, less than two years after the ouster of the strongman Hosni Mubarak.
With a threatened strike by the nation’s judges, a plunge in the country’s stock market and more street protests looming, Mr. Morsi’s administration initially sent mixed messages on Sunday over whether it was willing to consider a compromise: a spokesman for the president’s party insisted that there would be no change in his edict, but a statement from the party indicated for the first time a willingness to give political opponents “guarantees against monopolizing the fateful decisions of the homeland in the absence of the Parliament.”
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Egypt’s President Said to Limit Scope of Judicial Decree
