Judicial Authority

Judicial Authority

Judicial Authority

Judicial Authority

- Constitution of Egypt

Judicial Authority

Section 1: General Provisions

Article 168: Judicial independence

The judiciary is independent. It is vested in the courts of justice, which issue theirjudgments in accordance with the law. Its powers are defined by law. Interference injudicial affairs or in proceedings is a crime to which not statute of limitations may be applied.

Article 169: Independence in the administration of judicial affairs

All judicial bodies administer their own affairs. Each has an independent budget andis consulted on the draft laws governing its affairs. This is organised by law.

Article 170: The independence of judges

Judges are independent, cannot be dismissed, are subject to no other authority butthe law, and are equal in rights and duties.

The conditions and procedures for their appointment and disciplinary actionsagainst them are defined and regulated by the law. When delegated, their delegationis absolute, to the destinations and in the positions defined by the law, all in a mannerthat preserves the independence of the judiciary and the accomplishment of itsduties.

Article 171: Public sessions

Court sessions are public, unless, for reasons of public order or morals, the courtdeems them confidential. In all cases, the verdict is given in an open session.

Section 2: Judiciary and public prosecution

Article 172: Mandate of the courts

Courts adjudicate all disputes and crimes except for matters that are to be decidedby another judicial body. The judiciary settles any disputes relating to the affairs ofits members.

Article 173: Public prosecution
The public prosecution is an integral part of the judiciary. It is responsible forinvestigating, pressing charges and following up in all criminal cases except what isexempted by law. The law establishes the public prosecution’s other competencies.

Public prosecution is carried out by a Prosecutor General who is appointed by thePresident of the Republic, based on the selection of the Supreme Judicial Councilfrom among the Deputies to the President of the Court of Cassation, the Presidentsof the Court of Appeals and Assistant Prosecutor Generals, for a period of four years,or for the period remaining until retirement age, whichever comes first, and onlyonce during a judge’s career.

Section 3: The State Council

Article 174: Mandate

The State Council is an independent judicial body that exclusively undertakesadjudicating in administrative disputes and disputes pertaining to theimplementation of its decisions. It also undertakes disciplinary proceedings andappeals, adjudicates in legal issues to be determined by law, reviews and drafts billsand resolutions of legislative character referred to it, and reviews contracts to whichthe state is a party.

Other competencies to be determined by law.

Section 4: The Supreme Constitutional Court

Article 175: Mandate and procedures

The Supreme Constitutional Court is an independent judicial body. It is based inCairo. It is exclusively competent to decide on the constitutionality of laws andregulations.

The law defines the Court’s other competencies and regulates the procedures thatare to be followed before the Court.

Article 176: Composition
The Supreme Constitutional Court is made up of a president and ten members. Thelaw determines the judicial or other bodies and associations that nominate them, themanner in which they are to be appointed, and the requirements to be satisfied bythem. Appointments take place by a decree from the President of the Republic.

Article 177: Constitutionality of electoral laws
The President of the Republic or the Speaker of the Council of Representativespresent draft laws governing presidential, legislative or local elections before theSupreme Constitutional Court, to determine their compliance with the Constitutionprior to dissemination. The Court reaches a decision in this regard within 45 daysfrom the date the matter is presented before it; otherwise, the proposed law isconsidered approved.

If the Court deems one or more parts of the text non-compliant with the provisionsof the Constitution, its decision is implemented.

The laws referred to in the first paragraph are not subject to the subsequent controlstipulated in Article 175 of the Constitution.

Article 178: Publication of decisions in the Official Gazette

The Official Gazette publishes verdicts issued by the Supreme Constitutional Courtand decisions pertaining to pre-emptive control of draft laws governing presidential,legislative or local elections.

The effects of a decision on the unconstitutionality of a legislative text are organisedby law.

Section 5: Judicial Bodies

Article 179: The Association of State Affairs

The Association of State Affairs is an independent judicial body. It undertakes thelegal representation of the state in disputes, and technical supervision of legal affairsdepartments within State Administration.

It is responsible for the drafting of contracts and the settling of disputes to which thestate is a party, in the manner regulated by law.

Its other competencies are defined by law.

Its members share immunities, securities, rights and duties assigned to othermembers of the judiciary.

Article 180: Administrative Prosecutor

The Administrative Prosecutor is an independent judicial body. It investigatesfinancial and administrative irregularities, raises disciplinary proceedings before thecourts of the State Council and follows up on them, and takes legal action to addressdeficiencies in public facilities. Other competencies are defined by law.

Its members share immunities, securities, rights and duties assigned to othermembers of the judiciary.

Section 6: The legal profession

Article 181: Independence

The legal profession is a liberal profession and a cornerstone of justice. It is practicedby lawyers independently and is safeguarded by guarantees that protect them andenable them to carry out their work, in the manner regulated by law.

Section 7: The experts

Article 182: Autonomy

Officers at the Real Estate Publicity Department, forensic experts and judicialexperts enjoy technical autonomy in their work. The law safeguards the necessaryguarantees and protection for them to carry out their work.

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