The Benefits of Economic Courts in Egypt under Law No. 120 of 2008

Annual International Conference on Law, Economics and Politics, Green Templeton College, University of Oxford, United Kingdom, September 1-3, 2014

18 Pages Posted: 1 Sep 2014 Last revised: 8 Oct 2014

Date Written: September 1, 2014

Abstract

No one can deny that the current principles and structure of litigation in each country reflect the legal system and economy of that country. So, the short phrase "Access to Justice" means, or includes, access to courts and tribunals involved in the delivery of justice. Justice, as so administered, has to be available to all, on an equal footing.

At the same time we can realize that: "The Phenomenon of the Slow Pace of Litigation" expands to include all wings of the judicial system, Civil, Criminal, and Economic Issues. And extends deeper to affect all categories of litigants: Rich and Poor, Men and Women. To paint a dark picture of what could be called a "Crisis of Justice in Egypt".

So, Egyptian legislator created special economic courts to solve this disputes, and to avoid its negative effects, by Law No. 120 of 2008, which decide that this kind of litigation can be solve by judges specialized in this kind of litigation, to encourage investment, and achieve a safe environment for investment, provide maximum protection for economic activity and help develop the plans and ensure justice.

The economic court law entered into force in October 2008. establishes Economic Courts in each Court of Appeal circuit, which consists of courts of first instance, courts of appeal. These courts have a jurisdiction over criminal cases stemming from investment operations, consumer protection, commercial, banking transactions.

The new Economic Courts established in Egypt are not totally separate from the rest of the Egyptian judicial system. They are specialized courts that have been incorporated into the system. In fact the law states that one such "court" will be established as part of each of Egypt's courts of appeal. Determining the Economic Courts jurisdiction is the most critical factor in their future success.

The economic courts system is a three-tiered system, with first instance, intermediate, and final appellate courts. And Each Trial Chamber should be composed of three presidents of courts of first instance, consists each of the Chambers of Appeal of three judges of the appellate courts to be at least one of whom is President of the Court of Appeal.

In fact, there are several reasons makes Egyptian legislator interested in establishing economic courts in Egypt. As a result the new special economic courts are a welcome development, it remains to be seen whether, in practice, they will deliver the expected results.

In this paper I will discuss the most important reasons and justifications adopted by the Egyptian legislator to create these specialized courts.

Keywords: Economic Courts, Egypt, Slow Pace of Litigation, Crisis of Justice, Law No. 120 of 2008

JEL Classification: A10, D60, K00, K19, K4, K41, K42

Suggested Citation

Ghanem, Mohamed Abdelnaby, The Benefits of Economic Courts in Egypt under Law No. 120 of 2008 (September 1, 2014). Annual International Conference on Law, Economics and Politics, Green Templeton College, University of Oxford, United Kingdom, September 1-3, 2014. Available at SSRN: https://ssrn.com/abstract=2489545

Mohamed Abdelnaby Ghanem (Contact Author)

Tanta University - Faculty of law ( email )

Sebarbay
Colleges Complex
Tanta, Al Gharbia
Egypt
0020403452372 (Phone)
0020403452374 (Fax)

HOME PAGE: http://law.tanta.edu.eg/

Register to save articles to
your library

Register

Paper statistics

Downloads
189
Abstract Views
1,353
rank
165,153
PlumX Metrics