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).
Presented by/ Hind Al-Helaly
AUC Law Library Cataloger
19th Century .
- reorganization & Development.
French Occupation (1798-1801).
Mohammad Ali Reign.Historical Development
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
- Created in 1931.
- Two Chambers:
- Judicial Power-Law 46-1972.
- Secular Courts.
- common Court System ( Ordinary Courts)
- Administrative Courts.
- Supreme Constitutional Court.
- Specialized Courts.
- Religious courts.
-Courts of First Degree ( Primary Court)
-Courts of Appeal.
-Supreme Court ( Court of Cassation).
- Orthodox Churches, Catholics, Protestants and Jews.
- Minor litigations in criminal matters ( mahakim al-mukhallafat)
- Misdemeanors ( mahakim al-Junah).
Do not exceed 5,000 L.E
all cases- exceeds 5000 LE.
Hear appeals of summary courts – civil, commercial and misdemeanor cases.
- Hear Appeal – civil, commercial and personal –decided by the court of the first degree.
- Hears appeals – final Judgments of Court of Appeal.
- Available – Breach of law is claimed as basis for appeal.
- judicial control of constitutional issues - laws& regulations .
- interpretation of the legislative texts- Law Art 175.
- guaranteed irrevocability- members, named for life.
- Recognized its quality as judicial body.
-Did not fixed -number of the members.
-chosen - senior law professional.
- Administrative matters.
- Give legal opinions – Government laws & regulations.
- Disciplinary litigation.
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.
- secular - French Family Laws.
- Contraventions - minor offenses.
- Misdemeanors - offenses punishable - imprisonment /fines.
- Felonies - offenses - penal servitude or death.
- brought before a magistrate - formally charged within forty-eight hours / released.
- post bail - right to be defended by legal counsel.
- The Emergency Law - 1958.
- marriage, civil unions, and domestic partnerships.
-spousal abuse, legitimacy, adoption, surrogacy, child abuse - child abduction.
- Cairo University.
- Ain Shams University.
- Al-azhar University.
- Mansoura University.
- Alexandria University.
- Munufiyya University.
- Helwan University.
- International & Comparative Law.
- Human Rights Law.
- Leading Judicial bodies – region – Arab Countries.
-Role- Preparing Judges .
- Two Years Program.
- Continuing Education – Judges.
-Executive Authority – decree – President of the Republic (Article 38 – Judicial Authority Law).
- Approval –Supreme Judiciary Council.
- Court of First instance-30 years.
- Court of appeal-38 Years.
- Court of Cassation- 43 Years.
- not be dismissed-suspended-sent to retirement-age 65.
- Not be transferred – no Judicial Function.
- Secure – independence .
Legal Status. courts – capitulations system.
Disciplinary Sanctions.Members of Public Prosecution
( Article 26/ Judicial Authority Law).
- Right to file –penal case –Follow up.
- Right to file-Civil Case-intervene procedures.
- Supervising Prisons.
- 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.
- Supreme Council Community –investigate.
- Deposit Law resources - Acquisition & selection – Law materials.
- Organizing & analysis legal information resources .
- Services – Reference Services / Help Law professionals – rules.
- Hug quantities of laws ,legislation & decrees.
- Expensive – law references & materials.
- Differences – law apply- different Countries.
- Justice ministry Library -1895 (Abasiyya) 1979 ( Lazughli) - Executive Power - Important-Primary Courts.
- Egyptian Parliament Library.
- 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
- Cairo Lawyers Corporation (syndicate) Library – Center library – branches.
- Legal Studies National Center Library.
- The information Center of Social & Criminal Research Center-1955 – developed -1981 – decree 627/ 1981.
- Al-Sanhouusy Hall.
- Rare books Library.
- International Public & Private Law Library.
- Political Science & Taxes Law Library.
- Copies - Courses – Internal Reading.
- 114 000 Arabic- 100 000 Eng.
- All Languages.
- Laws & decrees in English.
- Egyptian Legislation Databases.
- Online Catalog- ALIS System.
- Teaching Law – French Language – Egyptian & international Students.
- BA Degree.
- Recent French References .
- Search laws – decrees database.-High Supreme Court Judgments.
- Egyptian Gazette .
Thanks courts – capitulations system.