Have you ever heard the word judicial authority and wondered about what it might be? You have come to the right place as in this article we are going to discuss the judicial authority and the public prosecution in one of the major countries in the MENA region, which is Egypt.
The Judicial Authority
The judicial authority is one of the three major authorities in any country in addition to the executive and legislative authorities, and if you were wondering about its exact role, then you should know that the judicial authority is responsible for solving and settling the discrepancies that are brought to it in the courts of law and achieving justice, it is also responsible for the official interpretation of the laws that are issued by the legislative authority and enforced by the executive authority.
Upon understanding what the judicial authority is, you will ask yourself, where can I sense this authority? I see the president who is the head of the executive authority, and I had seen a couple of parliament sessions in T.V, but what about the judicial authority? Well, judicial authority is represented by the courts with its various types and the judges, when you come across a court, that is where the judicial authority is present.
Various conflicts happen in the society and that fact presents the need for a variety in the types of judiciary and that exactly what the judicial system in Egypt has, and we will cover these types with you in the following section.
Judiciary types in Egypt
In Egypt there are four judiciary types to which people head to solve their discrepancies, the type of judiciary that the parties will head to depends on the nature of the conflict or the person or object harmed and the four types as follows:
If you were wondering about the reason behind the name, the answer is that it is the judiciary responsible for settling disputes between parties in normal conditions, such as a conflict between two citizens, murder cases or theft.
Haven’t you ever heard about the court of cassation in TV or radio? The court of cassation is the third and highest level in law courts which can only be resorted to if there is an error in the application of the law by the lower courts and its decisions are final as it is the final court in the normal judiciary.
Question & Answer
Here comes our question for this part, what are these three courts?
A- The normal courts journey begins with the first instance court, and it is the one to which the legal claim is made by the first party which is called the plaintiff against the other party which is known as the defendant, after the judge reaches a judgment, the case becomes out of the hands of the first instance court, the case is then transferred to the court of appeal in case that any one of the parties isn’t satisfied by the first court’s decision, and in case of any objections the case is transferred to the cassation court for final judgment.
There are other courts that falls under the umbrella of normal courts such as family courts, courts of values and economic courts.
The second type in Egypt is the administrative judiciary, the administrative judiciary in Egypt is under the council of state and just like the normal judiciary it has three main courts:
First there is the Supreme Administrative Court, which is headed by the head of the council of state and in which the decisions of the administrative judiciary are appealed, and the decisions of these courts are final and cannot be objected, the lower level is the court of administrative judiciary which specializes in looking at the objections on the administrative decisions, tax conflicts and nationality claims, while the last level is the Administrative Courts, which specializes in solving the conflicts that doesn’t rise up to the level of the court of administrative judiciary.
The military judiciary is comprised of the supreme military court and the central military court and it is specialized in the crimes that happen in the military camps or in case of any harms made to military equipment and individuals.
The constitutional judiciary is represented by the Supreme Constitutional Court: which is considered to be the highest judicial authority in the country and it is responsible for monitoring the constitutionality of laws and regulations, in addition to the interpretation of the legislation that might generate conflicts in application and solving discrepancies between judicial entities.
The public Prosecution
The Public Prosecution is an essential part of the judiciary in Egypt. The public Prosecution is responsible for carrying out the prosecution and investigation in criminal cases, except for the type of cases excepted by the law.
The public prosecution head is the prosecutor general, who is chosen by the supreme council of the judiciary that is made of the high rankings such as the vice presidents of the court of cassation, the assistants of the prosecutor general or the presidents of the court of appeal, the prosecutor general appointment is made through a presidential decree and its length is four years, and the prosecutor general can’t be chosen for two periods, only one period can be given to a certain individual in this role