The Egyptian Legal System

Presented by/ Hind Al-HelalyAUC Law Library Cataloger

Egyptian Legal System

Historical Development.Egypt Modern Judicial SystemConstitutionCodes.Legal EducationLegal Professional.Law Libraries in Egypt

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Historical DevelopmentBased on Islamic Law & civil Law French codes).19th 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 AppealCairo.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 CourtCreated 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 counselorsSupervision: independent . Budget : autonomous annual

Family Courtsestablished 2004.motivated - differentiate between family litigations and other disputesIntended - 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 CodesThree 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 CodesFirst 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 EgyptUnder 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

SelectionDutiesGuarantees.

Judges SelectionAppointed: -Executive Authority decree President of the Republic (Article 38 Judicial Authority Law). - Approval Supreme Judiciary Council.Qualification:EgyptianWomen 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 ServantsBelong-Executive Power.Protect general interest Public order-ensure-law enforced properly.Law professional not judges.Enjoy special legal status.Cant be dismissed .Independent from JudiciaryHeads 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 ProsecutionJudicial 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 LibraryUndergraduate 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.phpTheMiddleEastLibraryforEconomicServices. - http://www.egyptlaws.com/index.html.LADIS :Legislation And Development Information Systems . - http://www.ladis.com/vision.htmlEgypts 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).

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