Egyptian Litigation Law & Judicial System

Definition of Litigation Law

• Litigation law serves as the general statute for all procedural regulations.
• It dictates that in the absence of a specific provision for criminal, civil, or administrative judges, litigation law governs the framework of the case.

Principles of the Egyptian Judicial System

• Judges act as representatives of the state.
• Due to numerous disputes, the state delegates judicial authority.
• Appointees must meet high standards of competence, impartiality, and integrity.
• Comprehensive safeguards ensure effective performance and justice.
• Essential principles of the Egyptian judicial system concern litigation procedures and court proceedings.

Key Principles of the Egyptian Judicial System

• Independence of the judiciary.
• Free access to justice.
• Equality among litigants.
• Impartiality of judges.
• Public nature of court sessions.
• Oral proceedings.
• Procedures conducted in the presence of the adversary.
• Guarantee of the right to defense.
• Multiple levels of litigation.

Independence of the Judiciary

• The judiciary operates independently from other state organs and individuals.
• The Egyptian Constitution addresses both the independence of the judiciary and judicial authority, each distinct.
• Judges are independent and subject only to the law, with no external interference.
• Judicial authority is independent, exercised by courts of various levels and types.
• Judgments follow the law without interference from the executive or legislative branches, upholding separation of powers.

Aspects Contributing to Judicial Independence

• Judicial independence from internal pressures, without being bound by judicial precedents.
• Independence from other state powers, especially the executive branch.
• Enforcement of judicial rulings.

Manifestations of Judicial Independence

• Application of the principle of separation of powers prevents interference across governmental domains.
• State powers work in concert but remain distinct.
• Independence from the executive branch.
• Independence from the legislative branch.
• Independence from public opinion and external influences.

Prerequisites for Judicial Independence

• Security of tenure ensures judges cannot be removed by the executive branch without disciplinary action.
• Non-judicial officials can be dismissed through administrative channels.

Independence of the Judiciary from the Executive Branch

• Neither branch may encroach upon the other's domain.
• Legislative authority resides in the legislative branch, not the judiciary.
• Courts interpret laws for specific cases, without creating broadly applicable rules.
• The executive branch avoids resolving specific disputes, which is the purview of the judiciary.

Independence of the Judiciary from the Legislative Branch

• The legislative branch legislates and oversees administration but does not interfere in judicial functions, maintaining this independence.

Independence of the Judiciary from Public Opinion and Outside Influences

• Courts must not be swayed by external pressures or public sentiment, rejecting any form of intervention, and recognizing judges' susceptibility to their surroundings.

Principle of Free Access to Justice

• The state covers the costs of the judicial system, including salaries.
• Before modernization, justice was funded by litigants, now it is state-supported.
• Fees cover court expenses, ensure serious litigation, and deter vexatious claims.
• These fees do not contradict free access to justice.

Objectives of Free Access to Justice

• Achieving judicial success.
• Asserting state sovereignty.
• Promoting equality among litigants and social groups.
• Achieving social justice.

Equality Before the Law

• All litigants have equal rights and obligations.
• This principle dictates that every citizen have similar rights before the law.

Factors for Equality Among Litigants

• Unified judiciary and courts.
• Uniform laws and penalties.
• Equality in the principle of individual punishment.