Facts
On 2 February 2011, the Federal Council adopted the Egypt Ordinance, which aims to freeze the assets and resources belonging to or under the control of natural persons, companies, and entities close to the former Egyptian President Hosni Mubarak. X.'s name is listed in the annex to this ordinance. On 14 February 2011, bank A. SA informed the Federal Department of Foreign Affairs that X. was the economic beneficiary of several accounts with its establishment. On 4 March 2011, X. contested his inscription on the annex of the Egypt Ordinance and requested the release of an amount of 200,000 fr. from account No. 2, which was rejected by decision of 27 April 2011.
On 13 August 2012, the Federal Department rejected X.'s request to be deleted from the Egypt Ordinance and to lift the blocking of his assets. The Federal Administrative Court rejected X.'s appeal against this decision on 5 December 2013. X. filed a public law appeal with the Federal Court, seeking the annulment of the contested judgment and the decision of 13 August 2012 by the Federal Department, and requesting to be deleted from the list of persons targeted by the annex of the Egypt Ordinance.
Considerations
The Federal Court examined the conditions set out in Art. 184 para. 3 of the Constitution for adopting an independent substitute ordinance in matters of international relations. It considered that the Egypt Ordinance complies with the temporal requirements under Art. 184 para. 3 in fine of the Constitution and that the coercive measures imposed on the appellant under the Egypt Ordinance meet the requirement of a legal basis.
The Federal Court also examined the condition that the freezing measure taken against the appellant must be justified by a public interest or the protection of a fundamental right of another person. It considered that the public interest in freezing assets based on Art. 184 para. 3 of the Constitution is only justified, on a conservatory basis, as long as the classical instruments for blocking…