Transcript The Egyptian Legal System

The Egyptian Legal System
Presented by/ Hind Al-Helaly
AUC Law Library Cataloger
Egyptian Legal System
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Historical Development.
Egypt Modern Judicial System
Constitution
Codes.
Legal Education
Legal Professional.
Law Libraries in Egypt
Historical Development
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Based on Islamic Law & civil Law French
codes).
19th Century .
- reorganization & Development.
Ottoman Government.
French Occupation (1798-1801).
Mohammad Ali Reign.
Courts
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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
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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.
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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
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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
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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.
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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
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Courts of first Degree
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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.
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Supreme Court
( Court of Cassation)
Jurisdiction:
- Hears appeals – final Judgments of Court
of Appeal.
- Available – Breach of law is claimed as
basis for appeal.
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Revolution of July 1952
(Specialized Courts)
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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
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Created – 1969. independent - autonomous judicial
body/Law Art.174.
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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.
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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
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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
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Historical Development.
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The Structure.
Administrative Courts
Historical Development
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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
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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
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Derived largely - Napoleonic Code.
Marriage and personal status -religious
law.
Three forms
- Islamic.
- Christian
- secular - French Family Laws.
Constitution
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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
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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
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First version written – 1949- AbdelRazzak 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
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Deals with Family issues - domestic relation:
- marriage, civil unions, and domestic
partnerships.
-spousal abuse, legitimacy, adoption, surrogacy,
child abuse - child abduction.
Relationship termination- ancillary mattersdivorce, annulment, property settlements,
alimony- parental responsibility orders- child
custody.
Islamic Law
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Sharī‘ah.
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.
 Cairo’s national Center for Judicial Studies (Judicial
Education):
- Leading Judicial bodies – region – Arab Countries.
-Role- Preparing Judges .
- Two Years Program.
- Continuing Education – Judges.
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Legal Professional
Judges.
 Members of the Public Prosecution.
 Lawyers.
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Judges
Selection
 Duties
 Guarantees.
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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-GebalyEgypt’s 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.
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Judges Duties
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Article 72-77 –Judicial Authority Law.
Can’t work-Trade-politics & other field –
affect –dignity.
Residence-Near work- keep regularity of
work.
Respect- confidentiality-deliberations.
Judges Guarantees
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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
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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.
 Can’t 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.
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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.
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Lawyers
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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.
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Law Libraries in Egypt
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Importance of Law Libraries.
Law Libraries in Egypt ( kinds).
Law librarianship in Egypt.
Online databases
Importance of Law Libraries.
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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
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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 - ImportantPrimary 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 CenterMinistries council-1947(Giza) – 1994( Kasr elAini).
- Supreme Court Library.1980
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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
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Cairo University Library.
American University in Cairo Law
Library.
Other Law Faculty Libraries.
Cairo University Law Library
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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.
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Post – Graduate Library.
- 114 000 Arabic- 100 000 Eng.
- All Languages.
- Laws & decrees in English.
- Egyptian Legislation Databases.
- Online Catalog- ALIS System.
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French Business Administration Council
Library.
- Teaching Law – French Language –
Egyptian & international Students.
- BA Degree.
- Recent French References .
American University in Cairo Law
Library.
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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.
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Law librarians -professionally trained people legal settings- law schools private law firmsgovernment 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
 Egypt’s Information Portal ( IDSC).
http://www.idsc.gov.eg/Docs/DocsLawsList.asp
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LADIS Projects
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LADIS Projects
The Public Notary Authority ( Al-Shahr Al-Akary ).
Egyptian Legislation Information System .
Company’s 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 Court’s Integrated Information System.
Computerization of the Safaga city council.
Computerization of the Egyptian National Archives (Pilot).
Thanks