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).
 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 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
 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.
-
 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-
Egypt’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.
 Judges Duties

 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
 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.

 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.
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
 Egypt’s 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 .
  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