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

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).

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

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

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

  3. Based on Islamic Law & civil Law French codes). 19th Century . - reorganization & Development. Ottoman Government. French Occupation (1798-1801). Mohammad Ali Reign. Historical Development

  4. 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

  5. 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.

  6. 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.

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

  9. Ordinary Courts • Established – 1955. • ruled on personals matters . - Muslims - Orthodox Churches, Catholics, Protestants and Jews.

  10. 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.

  11. 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

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

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

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

  15. 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.

  16. 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.

  17. 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

  18. 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.

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

  20. 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.

  21. 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.

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

  23. 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.

  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 - 1958.

  25. 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.

  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).

  28. 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. -

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

  30. Judges • Selection • Duties • Guarantees.

  31. 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.

  32. 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.

  33. 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.

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

  35. 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.

  36. 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.

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

  38. 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.

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

  40. 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.

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

  42. 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

  43. 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.

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

  45. 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.

  46. 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.

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

  48. 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.

  49. 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.

  50. 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

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