Egypt

In July 1952, a military coup led by Gamal Abdel Nasser overthrew the monarchy and suspended the constitution. The following year, the monarchy was officially abolished and Egypt became a republic. The British did not fully withdraw until 1956, the same year that Nasser was elected president. Nasser’s rule, widely criticized as authoritarian, was challenged by the Muslim Brotherhood, an Islamist political organization. After surviving an assassination attempt, Nasser imprisoned and executed hundreds of Brotherhood members. Nasser led a movement for pan-Arab unity, nationalized the Suez Canal Company, and modernized the country’s economy. After Egypt’s military defeat in the 1967 Six Day War with Israel, Nasser resigned, was reinstated, and, upon his death in 1970, was succeeded by his Vice President, Anwar Sadat. Under Sadat’s leadership, Egypt experienced a period of greater political freedoms and international engagement. In 1979, he signed a peace treaty with Israel which led to the return of the Sinai Peninsula to Egyptian control. Two years later, Sadat was assassinated by an army officer affiliated with a group of extremists. His successor, Hosni Mubarak, led Egypt for 30 years, until he was ousted from power during the 2011 Arab Spring. Mohammed Morsi, a member of the Islamist Freedom and Justice Party, was elected President in 2012, but was unseated the next year during a military coup that suspended the constitution. In 2013 General Abdel Fatah al-Sisi was elected president and a new constitution was enacted in 2014.

Sources of Law

Egypt is a republican, semi-presidential system of government. It has a civil law system based upon the Napoleonic code and Shariah law. Sources of law include the constitution, the civil and criminal codes, and Shariah law.

Court Structure

Many features of Egypt’s judiciary are modeled on the French system. It has a three-tier system of general jurisdiction (common) courts and the Council of State which is composed of administrative courts.

Common Courts

First Instance

First instance courts are divided into district (summary) courts and primary courts (also called courts of first degree). Cases of lesser value and misdemeanors are heard by the district courts. The primary courts hear civil cases of greater value and misdemeanor appeals from the district courts. A single judge presides over most first instance proceedings; larger civil claims, civil appeals, and misdemeanor appeals are heard by three judge panels.

Courts of Appeal

There are eight courts of appeal located in Egypt’s major cities; each is divided into specialized circuits: criminal, commercial, economic, and terrorism. The Courts of Appeal have first instance jurisdiction over felony cases and appellate jurisdiction over civil cases involving larger sums. Felonies are tried before three-judge panels of the Court of Appeals Criminal Court Circuit and appealed to the Court of Cassation.

Court of Cassation

Egypt’s Court of Cassation, located in Cairo, hears cases from the Court of Appeals. Its review is limited to questions of law. The court also has jurisdiction over cases involving membership in the House of Representatives. There over 450 Court of Cassation justices, including the president and several deputies; only 300 justices are assigned to hear cases, with the others serving in administrative roles. The Court has thirty-three specialized divisions, sixteen of which handle criminal matters and the rest civil cases including those involving commercial disputes and personal status. Cases are reviewed by five-judge panels. The Court’s president serves as the president of the Supreme Judicial Council.

Specialized Courts

Egypt has a number of specialized courts. The Economic Courts hear economic issues in both civil and criminal matters including litigation involving the stock market, the Central Bank of Egypt, monopolies, and intellectual property. Disciplinary Courts review disciplinary actions against civil servants. The Courts for Urgent Matters hear criminal cases and civil disputes that must be resolved on an expedited basis. They were created to circumvent the delays in the common court system and have authority to issue injunctions to maintain the status quo while litigation proceeds through the common courts. Other specialized courts include military courts, national security courts, and family courts.

The Council of State (Majlis al-DawlaI)

The Council of State is an independent entity created in 1946 and plays a role similar to the French Council of State. Each province has first instance administrative courts that hear administrative law matters and disputes related to government contracts and decrees. First instance cases are heard by three-judge panels and appeals are heard by five-judge panels of the Supreme Administrative Court. The Council of State also has non-judicial departments that advise public entities on administrative law matters such as contracts, procurement, and ministerial decrees. Government agencies in Egypt have an in-house representative from the Council of State who assists with administrative law questions.

Supreme Constitutional Court

The Supreme Constitutional Court, an independent body, was created in 1970 and is located in Maadi, a suburb of Cairo. The court rules on the constitutionality and interpretation of legislation and regulations and decides cases involving jurisdictional and interpretive disputes between judicial bodies. The Chief Justice supervises court business and presides over impeachment proceedings against justices; if Egypt’s president is removed and/or parliament dissolved, the Chief Justice leads the country until a new president is appointed. In 2013 when President Morsi was removed, Chief Justice Adly Monsour led Egypt for nine months until President Sisi was elected.

The Constitutional Court’s Commissioner Authority, composed of judges and legal advisors, prepares cases and draft judgments for review by the justices. Commissioners may reach out to parties to collect relevant information and documents, conduct investigations, and prepare reports for the justices on the legal and constitutional questions.

In 2021, legislation was passed granting the Constitutional Court oversight over the constitutionality of decisions issued by international organizations and entities, including foreign courts. This legislation empowered the prime minister to petition the Constitutional Court to declare unconstitutional a foreign court judgment that implicates Egyptian interests.

Public Prosecutors Office

The Public Prosecutor’s Office (PPO) is part of the judiciary. The judicial career in Egypt is fluid. Most judges begin their careers as public prosecutors and may transfer from the courts to the prosecution service and back again. The Office is led by the Public Prosecutor, an official appointed by the President from among three judges nominated by the Supreme Judicial Council. The PPO is responsible for criminal investigations, indictments, and the prosecution process. Its broad criminal justice authority includes issuing search and arrest warrants, freezing the assets of individuals and entities under investigation, imposing travel bans, and supervising Egypt’s prisons and detention centers.

The PPO has oversight authority over judicial officers: it can institute disciplinary cases against judges and prosecutors and issue opinions regarding the transfer and retirement of judges.

Supreme Judicial Council

The Supreme Judicial Council is responsible for administration of Egypt’s judiciary and prosecution service, including setting the criteria for the appointment, dismissal, and discipline of judges and prosecutors. Egypt’s president chairs the meetings of the Council. Its leadership includes the Council President, Minister of Justice, president of the Supreme Constitutional Court, president of the Court of Cassation, and president of the Council of State. (There is also a Supreme Judicial Council of Judicial Organizations that brings together all of Egypt’s judicial entities.)

Judicial Selection and Tenure

The Supreme Judicial Council oversees the judicial selection process. Entry level candidates for the judiciary must be citizens of Egypt, not older than 30 years of age, of good moral character, and possess a master’s degree in law with good marks. Applicants are interviewed by the judicial board of the court where there is a vacancy. This interview includes an oral exam on legal issues. The next phase of the selection process is a security check and medical exam after which the candidate’s name is sent by the Minister of Justice to Egypt’s President for appointment. Once appointed, new judges participate in a one-month training program at the National Center for Judicial Studies.

Egypt has a career judiciary. Judges are promoted based upon seniority. To be eligible for promotion to the Court of Appeals, judges must be at least 43 years old and have at least ten years of judicial experience. Egypt’s President appoints the Chief Justice of Court of Cassation from a list of three nominees prepared by the Supreme Judicial Council and also appoints the Council of State President from a list of three nominees prepared by the Council’s general assembly.

The mandatory retirement age for judges is 70.

Judicial Education

The National Center for Judicial Studies, established in 1981, is part of the Ministry of Justice and is responsible for training judges and prosecutors. The Center’s Board includes the director (appointed by the Ministry of Justice), the attorney general, four judges, and four experts appointed by the Minister of Justice. New judges and prosecutors must complete a one-month training program. Although there is no mandatory continuing professional education, the Center offers courses for junior and senior judges and prosecutors.

Legal and Judicial Reform

In April 2025, Egypt’s parliament introduced new criminal justice legislation addressing pretrial detention and expanding the authority to conduct remote proceedings. The proposed legislation also increases police discretion over the search of homes and imposition of travel restrictions. Legislation enacting a new Criminal Code is awaiting presidential approval.