2003 - usaid/ofda

3. OVERVIEWOFIV~INISTRYOFJUSTICEANDPARTNER
WORK UiVfTS
The objectives and tqeu underlying the AOJS Project nccessilated that it work closely with a number of
partner to& units within the MOJ. These included tu~o pilot couns representing the Ecptian Couns of
First Instance. namely the Nonh Cairo Coun (NCC) and the Ismailia Coun (ISC). the Kational Cmrcr for
Judicial Studies (NCJS) and the Judicial Information Center (JIC). The folloxring sections of this rrpon
briefly present the key functions of each of the above panner work units. and the npxity in which thq
collabonted with the Pmjcct.
3.1 The Pilot Courts
The Egyptian judicial system features a hierarchical coun structure. The highest levcl in this ~nr(ure is the
Coun of Cassation, equivalent to the US. Supreme Court. Equal in level is the Supm Constitutiorwl
Coun. responsible for resolving issues regarding the constitutionality of any law One step down in thc
hierarchy are ei;ht Coum of Appeals. Below this level is the trial coun level. repmmted in E=-pt by 212
Couns of First Instance. Below thee courts is another layer of what is know as Panial Covnr ( 24 coum
in total). which have jurisdiction over small claims and minor misdemeanors.
The NCC and ISC. as pilot couns working with the Project and representing the Couru of First Instance.
have jurisdiction to hear the following types of disputes:
Bankruptcy cases
Tax cases
. Signature cases (in which signatures on oflicial documents arc verified and authcniicated by the court)
Commercial. labor and civil cases with disputes over LE 10.000
. Appealed commercial, labor and civil cases with disputes below LE 10.000 (appealed 'om Panial
Couns)
Family/domcstic cases (beyond the scope of the Project)
Criminal cases (beyond the scopc ofthe Projcct)
Within each Coun of First Instance. thc Chief Justice repents the highest dccision- makin; and leadership
level. The Chief Justice thus provid:s executive direction and administrative oversnght
Cases arc heard by three-judge panels consisting ofthe following members (in order ofseniority):
ChiefJudy
Right-hand Judge
Left-hand Judp
Panels hear cases three days pcr week. At the SCC. each hearing deals nith one case lypc or sub-9-pc due
to the large number of cases rcvic\rcd per day. This is difkrent from the ISC. -here hexing5 can include
more that one sub-fype or Npe of case. Judges priniarily rrork at home on studying cases. conducting Iqal
research and preparing judgn~ents. J~rdges rotate in and out of couns on an annua: basis. Occasionally.
however. exceptions are made so that a judge can say at thc samc court for up to roar year%