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The Egyptian Legal System Presented by/ Hind Al-Helaly AUC Law Library Cataloger.

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Presentation on theme: "The Egyptian Legal System Presented by/ Hind Al-Helaly AUC Law Library Cataloger."— Presentation transcript:

1 The Egyptian Legal System Presented by/ Hind Al-Helaly AUC Law Library Cataloger

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

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

4 Courts Shari' a Courts (Muslim religious court).. to consular courts – capitulations system. Shari' a Courts (Muslim religious court).. to consular courts – capitulations system. Specialized Judicial Council Legal, administrative & military matters. Specialized Judicial Council Legal, administrative & military matters. community councils personal status of non-Muslims. community councils personal status of non-Muslims. National Court-1883-Egyptian Nationals. National Court-1883-Egyptian Nationals. Mixed Courts-1875-Foreign Nationals- 2 levels. Mixed Courts-1875-Foreign Nationals- 2 levels.

5 Courts of Appeal Cairo. Cairo. Asyut Asyut Courts-1949(Cairo, Alex, Mansura and Asyut). 4 Courts-1949(Cairo, Alex, Mansura and Asyut). Tanta Tanta Bani Suwayf Bani Suwayf Ismaaiyya Ismaaiyya Qina Qina Jurisdiction (Civil & Criminal). Jurisdiction (Civil & Criminal). Challenged before court of cassation. Challenged before court of cassation.

6 Consular courts Consular courts Nationals Courts –replaced Mixed Courts. Nationals Courts –replaced Mixed Courts. Court of Cassation. Court of Cassation. - Created in Created in Two Chambers: - Two Chambers: 1. Civil. 1. Civil. 2. Criminal. 2. Criminal. - Judicial Power-Law Judicial Power-Law

7 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.

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

9 Ordinary Courts Established – Established – ruled on personals matters. ruled on personals matters. - Muslims - Muslims - Orthodox Churches, Catholics, Protestants and Jews. - Orthodox Churches, Catholics, Protestants and Jews.

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

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

12 Courts of first Degree Jurisdiction : Jurisdiction : all cases- exceeds 5000 LE. all cases- exceeds 5000 LE. Hear appeals of summary courts – civil, commercial and misdemeanor cases. Hear appeals of summary courts – civil, commercial and misdemeanor cases.

13 Courts of Appeal Located –major cities –Cairo. Located –major cities –Cairo. Jurisdiction : Jurisdiction : - Hear Appeal – civil, commercial and personal –decided by the court of the first degree. - Hear Appeal – civil, commercial and personal –decided by the court of the first degree.

14 Supreme Court ( Court of Cassation) Jurisdiction: Jurisdiction: - Hears appeals – final Judgments of Court of Appeal. - Hears appeals – final Judgments of Court of Appeal. - Available – Breach of law is claimed as basis for appeal. - Available – Breach of law is claimed as basis for appeal.

15 Revolution of July 1952 (Specialized Courts) Military Courts- Law Military Courts- Law Courts of State Security / Emergency -Law Courts of State Security / Emergency -Law Courts of State Security -Law Courts of State Security -Law Courts of Values -Law Courts of Values -Law

16 The Supreme Constitutional Court Created – independent - autonomous judicial body/Law Art.174. Created – independent - autonomous judicial body/Law Art.174. Introduced -Constitution of Introduced -Constitution of Organized - Law Organized - Law Responsibility : Responsibility : - judicial control of constitutional issues - laws& regulations. - judicial control of constitutional issues - laws& regulations. - interpretation of the legislative texts- Law Art interpretation of the legislative texts- Law Art 175. Law Law guaranteed irrevocability- members, named for life. - guaranteed irrevocability- members, named for life. - Recognized its quality as judicial body. - Recognized its quality as judicial body.

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

18 Family Courts established – 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.

19 Administrative Courts Historical Development. Historical Development. The Structure. The Structure.

20 Administrative Courts Historical Development The Council of the State created Law The Council of the State created Law competent in: competent in: - Administrative matters. - Administrative matters. - Give legal opinions – Government laws & regulations. - Give legal opinions – Government laws & regulations. Organization & competence - law Organization & competence - law Amended by law Amended by law Judiciary section - litigation: Judiciary section - litigation: - Administrative litigation. - Administrative litigation. - Disciplinary litigation. - Disciplinary litigation.

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

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

23 Constitution Represented -Supreme law of Egypt.Egypt Adopted - September 11, 1971 – public referendum.September referendum Amended and Proclaimed to update -democratic representative system – rule of law.representative system Independence of Judiciary & party plurality.

24 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

25 Civil Codes First version written – Abdel- Razzak Al-Sanhuri, First version written – Abdel- Razzak Al-Sanhuri,1949Abdel- Razzak Al-Sanhuri1949Abdel- Razzak Al-Sanhuri Adapted French civil law model. Adapted French civil law model. Focus - regulation of business and commerce. Focus - regulation of business and commerce. Does not include -provisions regarding family law. Does not include -provisions regarding family law.family lawfamily law Islamic law - enforcement and interpretation. Islamic law - enforcement and interpretation. Islamic law Islamic law Model for other Middle Eastern jurisdictions - Libya,Iraq & Qatar. Model for other Middle Eastern jurisdictions - Libya,Iraq & Qatar. LibyaIraqQatar LibyaIraqQatar

26 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.

27 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).SunniHanafiHanbali MalikiShafiiShia Jaafari

28 Legal Education in Egypt Under Graduate & Graduate Programs.( Faculties Of Law) Under Graduate & Graduate Programs.( Faculties Of Law) - Cairo University. - Cairo University. - Ain Shams University. - Ain Shams University. - Al-azhar University. - Al-azhar University. - Mansoura University. - Mansoura University. - Alexandria University. - Alexandria University. - Munufiyya University. - Munufiyya University. - Helwan University. - Helwan University. The American university in Cairo -Graduate Program / LLM Program. The American university in Cairo -Graduate Program / LLM Program. - International & Comparative Law. - International & Comparative Law. - Human Rights Law. - Human Rights Law. Cairo’s national Center for Judicial Studies (Judicial Education): Cairo’s national Center for Judicial Studies (Judicial Education): - Leading Judicial bodies – region – Arab Countries. - Leading Judicial bodies – region – Arab Countries. -Role- Preparing Judges. -Role- Preparing Judges. - Two Years Program. - Two Years Program. - Continuing Education – Judges. - Continuing Education – Judges. -

29 Legal Professional Judges. Judges. Members of the Public Prosecution. Members of the Public Prosecution. Lawyers. Lawyers.

30 Judges Selection Selection Duties Duties Guarantees. Guarantees.

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

32 Judges Duties Article –Judicial Authority Law. Article –Judicial Authority Law. Can’t work-Trade-politics & other field – affect –dignity. Can’t work-Trade-politics & other field – affect –dignity. Residence-Near work- keep regularity of work. Residence-Near work- keep regularity of work. Respect- confidentiality-deliberations. Respect- confidentiality-deliberations.

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

34 Members of Public Prosecution Legal Status. Legal Status. Competencies. Competencies. Disciplinary Sanctions. Disciplinary Sanctions.

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

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

37 Lawyers Organized – Single Egyptian Bar – Cairo. Organized – Single Egyptian Bar – Cairo. Headed-President –elected 2 year terms. Headed-President –elected 2 year terms. Board members – elected 4 year terms Board members – elected 4 year terms

38 Disciplinary Sanctions. Regulated –Article / Judicial Authority law: Regulated –Article / Judicial Authority law: - Subordinated to the Minister of Justice. - Subordinated to the Minister of Justice. - Minister-right-monitor-supervise-Public prosecution. - Minister-right-monitor-supervise-Public prosecution. - Public attorneys -right-monitor-supervise-Public prosecution. - Public attorneys -right-monitor-supervise-Public prosecution. - Minister of Judges- Public attorneys –right-give warning-fall short –performing duties. - Minister of Judges- Public attorneys –right-give warning-fall short –performing duties. Member-may object. - Supreme Council Community –investigate. - Supreme Council Community –investigate.

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

40 Importance of Law Libraries. Rule: Rule: - Deposit Law resources - Acquisition & selection – Law materials. - Deposit Law resources - Acquisition & selection – Law materials. - Organizing & analysis legal information resources. - Organizing & analysis legal information resources. - Services – Reference Services / Help Law professionals – rules. - Services – Reference Services / Help Law professionals – rules. Law information Resources Problems. Law information Resources Problems. - Hug quantities of laws,legislation & decrees. - Hug quantities of laws,legislation & decrees. - Expensive – law references & materials. - Expensive – law references & materials. - Differences – law apply- different Countries. - Differences – law apply- different Countries.

41 Law Libraries in Egypt Governmental Law Libraries. Governmental Law Libraries. Courts Libraries. Courts Libraries. Professional Law Libraries. Professional Law Libraries. Research Law Libraries. Research Law Libraries. Academic Law Libraries. Academic Law Libraries.

42 Governmental Law Libraries. Governmental Law Libraries. - Justice ministry Library (Abasiyya) 1979 ( Lazughli) - Executive Power - Important- Primary Courts. - Justice ministry Library (Abasiyya) 1979 ( Lazughli) - Executive Power - Important- Primary Courts. - Egyptian Parliament Library. - Egyptian Parliament Library. Courts Libraries : Courts Libraries : - Cassation Court Library Cassation Court Library Cairo Court of Appeal Library. - Cairo Court of Appeal Library. - Giza Primary Court Library Giza Primary Court Library The Public Notary Library (Al-Shahr Al-Akary). - The Public Notary Library (Al-Shahr Al-Akary). - Information & decision support Center- Ministries council-1947(Giza) – 1994( Kasr el- Aini). - Information & decision support Center- Ministries council-1947(Giza) – 1994( Kasr el- Aini). - Supreme Court Library Supreme Court Library.1980

43 Professional Law Libraries Professional Law Libraries - Cairo Lawyers Corporation (syndicate) Library – Center library – branches. - Cairo Lawyers Corporation (syndicate) Library – Center library – branches. Research Law Libraries. Research Law Libraries. - Legal Studies National Center Library. - Legal Studies National Center Library. - The information Center of Social & Criminal Research Center-1955 – developed – decree 627/ The information Center of Social & Criminal Research Center-1955 – developed – decree 627/ 1981.

44 Academic Law Libraries Cairo University Library. Cairo University Library. American University in Cairo Law Library. American University in Cairo Law Library. Other Law Faculty Libraries. Other Law Faculty Libraries.

45 Cairo University Law Library Undergraduate Library. Undergraduate Library. Post –Graduate Library. Post –Graduate Library. French Business Administration Council Library. French Business Administration Council Library. Specialized Halls: Specialized Halls: - Al-Sanhouusy Hall. - Al-Sanhouusy Hall. - Rare books Library. - Rare books Library. - International Public & Private Law Library. - International Public & Private Law Library. - Political Science & Taxes Law Library. - Political Science & Taxes Law Library.

46 Undergraduate Library Undergraduate Library - Copies - Courses – Internal Reading. - Copies - Courses – Internal Reading. Post – Graduate Library. Post – Graduate Library Arabic Eng Arabic Eng. - All Languages. - All Languages. - Laws & decrees in English. - Laws & decrees in English. - Egyptian Legislation Databases. - Egyptian Legislation Databases. - Online Catalog- ALIS System. - Online Catalog- ALIS System.

47 French Business Administration Council Library. French Business Administration Council Library. - Teaching Law – French Language – Egyptian & international Students. - Teaching Law – French Language – Egyptian & international Students. - BA Degree. - BA Degree. - Recent French References. - Recent French References.

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

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

50 Legal Online databases Egyptian Legislation. Egyptian Legislation. - Search laws – decrees database.-High Supreme Court Judgments. - Search laws – decrees database.-High Supreme Court Judgments. - Egyptian Gazette. - Egyptian Gazette East Laws. East Laws The Middle East Library for Economic Services. The Middle East Library for Economic Services LADIS : Legislation And Development Information Systems. LADIS : Legislation And Development Information Systems Egypt’s Information Portal ( IDSC). Egypt’s Information Portal ( IDSC).

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

52 Thanks


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