The Egyptian Legal System

Presented by/ Hind Al-Helaly

AUC Law Library Cataloger
Egyptian Legal System


Historical Development.
Egypt Modern Judicial System
Constitution
Codes.
Legal Education
Legal Professional.
Law Libraries in Egypt


.
Historical Development
Based on Islamic Law & civil Law French
codes).
19
th
Century .
- reorganization & Development.
Ottoman Government.
French Occupation (1798-1801).
Mohammad Ali Reign.

Courts

Shari' a Courts (Muslim religious court).. to
consular courts capitulations system.
Specialized Judicial Council- 1845 - Legal,
administrative & military matters.
community councils -1856 - personal status
of non-Muslims.
National Court-1883-Egyptian Nationals.
Mixed Courts-1875-Foreign Nationals- 2
levels.
Courts of Appeal
Cairo.
Asyut-1926.
4 Courts-1949(Cairo, Alex, Mansura and Asyut).
Tanta-1951.
Bani Suwayf-1963.
Ismaaiyya-1976.
Qina-1985.
Jurisdiction (Civil & Criminal).
Challenged before court of cassation.


Consular courts -1937.
Nationals Courts replaced Mixed Courts.
Court of Cassation.
- Created in 1931.
- Two Chambers:
1. Civil.
2. Criminal.
- Judicial Power-Law 46-1972.


Egyptian Modern Judicial System

Independent branch of the government ,Includes:
- Secular Courts.

- common Court System ( Ordinary Courts)
- Administrative Courts.
- Supreme Constitutional Court.
- Specialized Courts.

- Religious courts.

Common Court System

Ordinary Courts:
-Summary courts.
-Courts of First Degree ( Primary Court)
-Courts of Appeal.
-Supreme Court ( Court of Cassation).
Ordinary Courts

Established 1955.
ruled on personals matters .
- Muslims
- Orthodox Churches, Catholics, Protestants and
Jews.


Competent in ( civil, Commercial, criminal &
personal.
Lower level -are the Court of first Instance ( also
called Plenary or Primary courts .
Chambers - three judges.
One court of first instance - governorates
Capitals/ Cairo- two.
total - 24 courts.

Summary Courts

one-Judge Summary Courts - within the
jurisdiction of each court of first instance.
More than 200 summary courts.
competent for :
- Minor litigations in criminal matters (
mahakim al-mukhallafat)
- Misdemeanors ( mahakim al-Junah).
Do not exceed 5,000 L.E
Courts of first Degree

Jurisdiction :
all cases- exceeds 5000 LE.
Hear appeals of summary courts
civil, commercial and misdemeanor
cases.



Courts of Appeal

Located major cities Cairo.
Jurisdiction :
- Hear Appeal civil, commercial and
personal decided by the court of the first
degree.
Supreme Court
( Court of Cassation)

Jurisdiction:
- Hears appeals final Judgments of Court
of Appeal.
- Available Breach of law is claimed as
basis for appeal.

Revolution of July 1952
(Specialized Courts)


Military Courts- Law 25-1966.
Courts of State Security / Emergency -Law
162-1958.
Courts of State Security -Law 105-1980.
Courts of Values -Law 95-1980.
The Supreme Constitutional
Court
Created 1969. independent - autonomous judicial
body/Law Art.174.
Introduced -Constitution of 1971.
Organized - Law 48-1979.
Responsibility :
- judicial control of constitutional issues - laws&
regulations .
- interpretation of the legislative texts- Law Art 175.
Law 48-1979
- guaranteed irrevocability- members, named for life.
- Recognized its quality as judicial body.




Members :
-Did not fixed -number of the members.
-chosen - senior law professional.
The president:- named by decree of the President
The Quorum - seven Judges- irrevocable.
Experience : 45 years of age.
Retirement :64 years.
Rights :the court of cassation counselors
Supervision: independent .
Budget : autonomous annual


Family Courts
established 2004.
motivated - differentiate between family litigations
and other disputes
Intended - provide a specialized judiciary tool.
Aims - secure psychological peace for the children.
cases -tutelage, divorce, alimony, custody, etc.
ultimate objective -hammer out an amicable
settlement - family problems through specialized
guidance bureaus.

Administrative Courts


Historical Development.

The Structure.

Administrative Courts
Historical Development

The Council of the State created - 1946 -Law 112-1946.
competent in:
- Administrative matters.
- Give legal opinions Government laws & regulations.
Organization & competence - law 47-1972.
Amended by law 136-1984.
Judiciary section - litigation:
- Administrative litigation.
- Disciplinary litigation.






Administrative Courts Structure

Structured - three levels of jurisdiction :
1.Administrative Courts 1954:competent
administrative matters - first instance -appeals .
2.Disciplinary Courts- 1946 : divided into two levels ( law
& high).
3.Supreme Administrative Court -1955.: judges appeals
taken by both categories of disciplinary courts.






Codes

Derived largely - Napoleonic Code.
Marriage and personal status -religious
law.
Three forms
- Islamic.
- Christian
- secular - French Family Laws.
Constitution

Represented -Supreme law of Egypt.
Adopted - September 11, 1971 public referendum.
Amended - 1980 and 2005.
Proclaimed to update -democratic representative
system rule of law.
Independence of Judiciary & party plurality.
Criminal Codes
Three main categories :
- Contraventions - minor offenses.
- Misdemeanors - offenses punishable - imprisonment
/fines.
- Felonies - offenses - penal servitude or death.

Accused Rights:
- brought before a magistrate - formally charged within
forty-eight hours / released.
- post bail - right to be defended by legal counsel.
- The Emergency Law - 1958.


Civil Codes
First version written 1949- Abdel-
Razzak Al-Sanhuri,

Adapted - 1949 -French civil law model.
Focus - regulation of business and commerce.
Does not include -provisions regarding family
law.
Islamic law - enforcement and interpretation .
Model for other Middle Eastern jurisdictions -
Libya ,Iraq & Qatar.

Family Law

Deals with Family issues - domestic relation:
- marriage, civil unions, and domestic
partnerships.
-spousal abuse, legitimacy, adoption, surrogacy,
child abuse - child abduction.

Relationship termination- ancillary matters-
divorce, annulment, property settlements,
alimony- parental responsibility orders- child
custody.
Islamic Law
Sharah.
Sharia governs - aspects of day-to-day life; politics,
economics, banking, business law, contract law,
and social issues.
The term Sharia - body of Islamic law.

. Most Sunni Muslims follow Hanafi, Hanbali,
Maliki or Shafii , while most Shia Muslims follow
Jaafari (Hallaq 1997, Brown 1996, Aslan 2006).
Legal Education in Egypt
Under Graduate & Graduate Programs.( Faculties Of Law)
- Cairo University.
- Ain Shams University.
- Al-azhar University.
- Mansoura University.
- Alexandria University.
- Munufiyya University.
- Helwan University.
The American university in Cairo -Graduate Program / LLM
Program .
- International & Comparative Law.
- Human Rights Law.
Cairos national Center for Judicial Studies (Judicial
Education):
- Leading Judicial bodies region Arab Countries.
-Role- Preparing Judges .
- Two Years Program.
- Continuing Education Judges.
-
Legal Professional

Judges.
Members of the Public Prosecution.
Lawyers.

Judges


Selection
Duties
Guarantees.

Judges Selection
Appointed:
-Executive Authority decree President of the Republic
(Article 38 Judicial Authority Law).
- Approval Supreme Judiciary Council.
Qualification:
Egyptian
Women marginalized from judiciary (Tehany al-Gebaly-
Egypts only female judge ).
Age:
- Court of First instance-30 years.
- Court of appeal-38 Years.
- Court of Cassation- 43 Years.
Education-B.A. law equivalent foreign degree.
Commendable Behavior Good reputation.



Judges Duties

Article 72-77 Judicial Authority Law.
Cant work-Trade-politics & other field
affect dignity.
Residence-Near work- keep regularity of
work.
Respect- confidentiality-deliberations.

Judges Guarantees
Irrevocable:
- not be dismissed-suspended-sent to
retirement-age 65.
- Not be transferred no Judicial Function.
Special Rules- Transfer, delegating, Promotion,
salary
- Secure independence .
- Protect-threat-Pressure.
Access any information their files.
Supreme Authority Law -entrusted disciplinary
Council disciplinary sanction Judges.


Members of Public Prosecution


Legal Status.
Competencies.
Disciplinary Sanctions.





Legal Status
Civil Servants
Belong-Executive Power.
Protect general interest Public order-ensure-law
enforced properly.
Law professional not judges.
Enjoy special legal status.
Cant be dismissed .
Independent from Judiciary
Heads of Courts-no right-give orders.
Ranked by grades up to Minister of Judges.
( Article 26/ Judicial Authority Law).
Integral Unit-any member represent it.








Competencies of Public Prosecution
Judicial Competencies
- Right to file penal case Follow up.
- Right to file-Civil Case-intervene
procedures.
Not Judicial Competencies
- Supervising Prisons.
Lawyers


Organized Single Egyptian Bar Cairo.
Headed-President elected 2 year terms.
Board members elected 4 year terms
Disciplinary Sanctions.
Regulated Article 125-128 / Judicial Authority
law:
- Subordinated to the Minister of Justice.
- Minister-right-monitor-supervise-Public
prosecution.
- Public attorneys -right-monitor-supervise-Public
prosecution.
- Minister of Judges- Public attorneys right-give
warning-fall short performing duties.
Member-may object.
- Supreme Council Community investigate.


Law Libraries in Egypt

Importance of Law Libraries.
Law Libraries in Egypt ( kinds).
Law librarianship in Egypt.
Online databases

Importance of Law Libraries.

Rule:
- Deposit Law resources - Acquisition & selection Law materials.
- Organizing & analysis legal information resources .
- Services Reference Services / Help Law professionals rules.

Law information Resources Problems.
- Hug quantities of laws ,legislation & decrees.
- Expensive law references & materials.
- Differences law apply- different Countries.







Law Libraries in Egypt

Governmental Law Libraries.
Courts Libraries.
Professional Law Libraries.
Research Law Libraries.
Academic Law Libraries.


Governmental Law Libraries.
- Justice ministry Library -1895 (Abasiyya) 1979
( Lazughli) - Executive Power - Important-
Primary Courts.
- Egyptian Parliament Library.
Courts Libraries :
- Cassation Court Library-1931.
- Cairo Court of Appeal Library.
- Giza Primary Court Library-1985.
- The Public Notary Library (Al-Shahr Al-Akary).
- Information & decision support Center-
Ministries council-1947(Giza) 1994( Kasr el-
Aini).
- Supreme Court Library.1980
Professional Law Libraries
- Cairo Lawyers Corporation (syndicate)
Library Center library branches.
Research Law Libraries.
- Legal Studies National Center Library.
- The information Center of Social &
Criminal Research Center-1955
developed -1981 decree 627/ 1981.



Academic Law Libraries

Cairo University Library.
American University in Cairo Law
Library.
Other Law Faculty Libraries.
Cairo University Law Library
Undergraduate Library.
Post Graduate Library.
French Business Administration Council Library.
Specialized Halls:
- Al-Sanhouusy Hall.
- Rare books Library.
- International Public & Private Law Library.
- Political Science & Taxes Law Library.
Undergraduate Library
- Copies - Courses Internal Reading.

Post Graduate Library.
- 114 000 Arabic- 100 000 Eng.
- All Languages.
- Laws & decrees in English.
- Egyptian Legislation Databases.
- Online Catalog- ALIS System.


French Business Administration Council
Library.

- Teaching Law French Language
Egyptian & international Students.
- BA Degree.
- Recent French References .
American University in Cairo Law
Library.

Established- 2004 - serve AUC LL.M program .
mission -support curricular, scholarship -AUC
LL.M. program -new Law Department- AUC
community.
largest English-language academic legal research
collection Egypt.
Internet legal resources and legal research
databases
Wi-Fi access is now available throughout the Law
Dept.

Law Librarianship in Egypt.
Law librarians -professionally trained people -
legal settings- law schools private law firms-
government libraries.
85% -library science/ 30% -JD or LLB degree /
20% -both.
Egypt Law librarian BA. library Science.
No Educational .
No schools - joint JD/MLS degree where a - earn
a law degree and a library degree .
No Specialized Association the Egyptian Library
Association.




Legal Online databases

Egyptian Legislation.
- Search laws decrees database.-High Supreme Court Judgments.
- Egyptian Gazette .
- http://www.tashreaat.com/
East Laws.
- http://www.eastlaws.com/iglc/home-en.php
The Middle East Library for Economic Services.
- http://www.egyptlaws.com/index.html.
LADIS : Legislation And Development Information Systems .
- http://www.ladis.com/vision.html
Egypts Information Portal ( IDSC).
http://www.idsc.gov.eg/Docs/DocsLawsList.asp






LADIS Projects

LADIS Projects
The Public Notary Authority ( Al-Shahr Al-Akary ).
Egyptian Legislation Information System .
Companys Authority Integrated IS .
Automation of Cassation court . ( Mahkamet El Nakd ).
Commercial Rep's Integrated IS .
A PC For Every Judge .
ISP For Foreign Trade Sector.
High Constitutional Courts Integrated Information System.
Computerization of the Safaga city council.
Computerization of the Egyptian National Archives (Pilot).


Thanks