Egyptian Legal Framework
Egypt is a civil law country with codified rules and laws, making the law easier to understand than in other countries. Furthermore, the Egyptian Constitution defines Egypt to be a republic, which implies the existence of a functional parliament with legislative authority.As a result, the law is more adaptable and responsive to change. This is demonstrated by the Egyptian parliament’s ability to pass a series of laws that considerably improved the overall economic situation, owing to political will. With a legal system based on the Islamic Shari’a and Napoleonic Codes. In personal concerns, Islamic Shari’a has traditionally been more significant. Commercial activities are governed by legislation.
Egypt’s courts are as follows:
- The Common Court System consists of three tiers: first instance courts, courts of appeal, and court of cassation, all of which have jurisdiction over disputes between private individuals or businesses
- Administrative courts (State Council): have jurisdiction over issues in which the government or any of its bodies/authorities (as a sovereign body) is a party
- Special-jurisdiction courts: (Supreme Constitutional court, Economic courts, family courts, and Military courts)
While there is no system of legally enforceable case law precedents in the same way that there is in other common law systems, earlier judicial decisions do have persuasive power. The principles and precedents of the Court of Cassation in civil, commercial, and criminal proceedings, as well as the Supreme Administrative Court in administrative and other public law concerns, can be de facto binding on certain courts.
Raoof Zaalouk
Associate