The Egyptian Legal System
This presentation is the property of its rightful owner.
Sponsored Links
1 / 52

The Egyptian Legal System Presented by/ Hind Al-Helaly AUC Law Library Cataloger PowerPoint PPT Presentation


  • 65 Views
  • Uploaded on
  • Presentation posted in: General

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 . Based on Islamic Law & civil Law French codes).

Download Presentation

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

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


The egyptian legal system

The Egyptian Legal System

Presented by/ Hind Al-Helaly

AUC Law Library Cataloger


Egyptian legal system

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.

Historical Development


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


Courts of appeal

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.


The egyptian legal system

  • 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

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

Common Court System

  • Ordinary Courts:

    -Summary courts.

    -Courts of First Degree ( Primary Court)

    -Courts of Appeal.

    -Supreme Court ( Court of Cassation).


Ordinary courts

Ordinary Courts

  • Established – 1955.

  • ruled on personals matters .

    - Muslims

    - Orthodox Churches, Catholics, Protestants and Jews.


The egyptian legal system

  • 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

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

Courts of first Degree

  • Jurisdiction :

    all cases- exceeds 5000 LE.

    Hear appeals of summary courts – civil, commercial and misdemeanor cases.


Courts of appeal1

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

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

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

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.


The egyptian legal system

  • 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

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

Administrative Courts

  • Historical Development.

  • The Structure.


Administrative courts historical development

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

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

Codes

  • Derived largely - Napoleonic Code. Marriage and personal status -religious law.

  • Three forms

    - Islamic.

    - Christian

    - secular - French Family Laws.


Constitution

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

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

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

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

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

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

Legal Professional

  • Judges.

  • Members of the Public Prosecution.

  • Lawyers.


Judges

Judges

  • Selection

  • Duties

  • Guarantees.


Judges selection

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

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

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.

Members of Public Prosecution


Legal status

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

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

Lawyers

  • Organized – Single Egyptian Bar – Cairo.

  • Headed-President –elected 2 year terms.

  • Board members – elected 4 year terms


Disciplinary sanctions

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

Law Libraries in Egypt

  • Importance of Law Libraries.

  • Law Libraries in Egypt ( kinds).

  • Law librarianship in Egypt.

  • Online databases


Importance of law libraries

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 egypt1

Law Libraries in Egypt

  • Governmental Law Libraries.

  • Courts Libraries.

  • Professional Law Libraries.

  • Research Law Libraries.

  • Academic Law Libraries.


The egyptian legal system

  • 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


The egyptian legal system

  • 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

Academic Law Libraries

  • Cairo University Library.

  • American University in Cairo Law Library.

  • Other Law Faculty Libraries.


Cairo university law library

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.


The egyptian legal system

  • 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.


The egyptian legal system

  • French Business Administration Council Library.

    - Teaching Law – French Language – Egyptian & international Students.

    - BA Degree.

    - Recent French References .


American university in cairo law library

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 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

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

  • LADISProjects

  • 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).


The egyptian legal system

Thanks


  • Login