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.
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).