EGYPT Law and Practice Contributed by: Mohamed Osama, Hana Elbarbary and Hamza Shehata, Shehata & Partners
Shehata and Partners Law Firm Cairo Business Plaza North Tower Second Floor Unit 204
Cairo Egypt Tel: +20 2813 5682 +20 2813 5683
Email: Info@shehatalaw.com Web: www.shehatalaw.com
1. General 1.1 General Characteristics of the Legal System Egypt is a civil law country based on the French Law; however, Article (2) of Egypt’s Constitution (the “Constitution”) stipulates that Islamic law must serve as the primary source of legislation. Furthermore, inquisitorial systems are more commonly found in nations with a civil law sys- tem, such as France, Germany, and Italy, which is why Egypt also implements the inquisitorial system. This inquisitorial system is based on the belief that justice is best served when a neutral authority, which is the judge in Egypt’s case, actively looks into and gathers the facts of the case. It highlights the judge’s function and dis- cretionary powers as a truth-seeker seeking to ascertain the unvarnished truth. 1.2 Court System Egypt has three main supreme courts which are: (i) the Supreme Constitutional Court; (ii) the Court of Cassation; and (iii) the Supreme Admin- istrative Court.
Supreme Constitutional Court Article (192) of the Constitution states that the Supreme Constitutional Court has the sole authority to interpret the laws and regulations, determine their constitutionality, and resolve dis- agreements involving the affairs of its members, judicial bodies, and organisations with judicial authority. Further, this court has also the author- ity to issue rulings in conflicts over the imple- mentation of two conflicting final judgments, one of which is issued by a judicial body and the other by another judicial body. The Court of Cassation On 2 May 1931, the Court of Cassation in Egypt established a single court based in Cairo, as the top of the judicial pyramid and the head of the judicial authority with respect to common courts. Common Courts The common courts fall under the umbrella of the Court of Cassation. There are three levels to common courts: (i) Courts of First Instance; (ii) Courts of Appeal; and (iii) the Court of Cassation. Court of First Instance – in civil proceedings, Courts of First Instance are the initial stage of liti- gation where small claims cases are tried by one
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