Egyptian Law & Government

Government & Politics

Egypt has been a republic since 18 June 1953. President Mohamed Hosni Mubarak has been the President of the Republic since October 14, 1981, following the assassination of former-President Mohammed Anwar El-Sadat. Mubarak is currently serving his fifth term in office. He is the leader of the ruling National Democratic Party. Prime Minister Dr. Ahmed Nazif was sworn in as Prime Minister on 9 July 2004, following the resignation of Dr. Atef Ebeid from his office.

Although power is ostensibly organized under a multi-party semi-presidential system, whereby the executive power is theoretically divided between the President and the Prime Minister, in practice it rests almost solely with the President who traditionally has been elected in single-candidate elections for more than fifty years. Egypt also holds regular multi-party parliamentary elections. The last presidential election, in which Mubarak won a fifth consecutive term, was held in September 2005.

In late February 2005, President Mubarak announced in a surprise television broadcast that he had ordered the reform of the country's presidential election law, paving the way for multi-candidate polls in the upcoming presidential election. For the first time since the 1952 movement, the Egyptian people had an apparent chance to elect a leader from a list of various candidates. The President said his initiative came "out of my full conviction of the need to consolidate efforts for more freedom and democracy." However, the new law placed draconian restrictions on the filing for presidential candidacies, designed to prevent well-known candidates such as Ayman Nour from standing against Mubarak, and paved the road for his easy re-election victory. Concerns were once again expressed after the 2005 presidential elections about government interference in the election process through fraud and vote-rigging, in addition to police brutality and violence by pro-Mubarak supporters against opposition demonstrators. After the election, Egypt imprisoned Nour, and the U.S. Government stated the “conviction of Mr. Nour, the runner-up in Egypt's 2005 presidential elections, calls into question Egypt's commitment to democracy, freedom, and the rule of law.”

As a result, most Egyptians are skeptical about the process of democratization and the role of the elections. Less than 25 percent of the country's 32 million registered voters (out of a population of more than 78 million) turned out for the 2005 elections. A proposed change to the constitution would limit the president to two seven-year terms in office.

Thirty-four constitutional changes voted on by parliament on March 19, 2007 prohibit parties from using religion as a basis for political activity; allow the drafting of a new anti-terrorism law to replace the emergency legislation in place since 1981, giving police wide powers of arrest and surveillance; give the president power to dissolve parliament; and end judicial monitoring of election.  As opposition members of parliament withdrew from voting on the proposed changes, it was expected that the referendum will be boycotted by a great number of Egyptians in protest of what has been considered a breach of democratic practices. Eventually it was reported that only 27% of the registered voters went to the polling stations under heavy police presence and tight political control of the ruling National Democratic Party. It was officially announced on March 27,2007 that 75.9% of those who participated in the referendum approved of the constitutional amendments introduced by President Mubarak and was endorsed by opposition free parliament, thus allowing the introduction of laws that curbs the activity of certain opposition elements particularly Islamists.

Foreign Relations

Egypt's foreign policy operates along a non-aligned level. Factors such as population size, historical events, military strength, diplomatic expertise and a strategic geographical position give Egypt extensive political influence in the Middle East, Africa, and within the Nonaligned Movement as a whole. Cairo has been a crossroads of Arab commerce and culture for millennia, and its intellectual and Islamic institutions are at the center of the region's social and cultural development.

EU relations with Egypt are based on a partnership relation within the Euro – Mediterranean and Middle East area, which is of vital strategic importance and a key external relations priority for the EU.
The Euro-Mediterranean Partnership launched at the 1995 Barcelona Conference between the European Union and its originally 12 Mediterranean Partners: Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey, and the Palestinian Authority. Libya currently has observer status at certain meetings. Since the enlargement, in May 2004 and January 2007, the co-operation covers 35 countries, the EU of 27, including Cyprus and Malta and the 10 Mediterranean Partners.

Egypt has also taken an active role regarding Euro-Mediterranean Partnership, such as its participation in the technical meeting of which it was the speaker for the Arab group. Additionally, the first meeting of the Euro-Mediterranean Parliamentary assembly was co-chaired by an Egyptian.

Egypt has been one of the leading recipients among the Mediterranean partners in terms of total funds received from the MEDA programme, the principal financial instrument of the European Union for the implementation of the Euro-Mediterranean Partnership. It is focused on policy-led, national structural reform and liberalisation programmes with a sector-wide approach.

The EU is Egypt’s biggest trading partner currently accounting for 42% of Egyptian exports and 37% of imports, with the balance of trade still in the EU's favour. Trade between the EU and Egypt has risen by more than 5% in the last five years to reach around 11.6 billion euro in 2004. Egypt’s main exports to the EU in 2004 were energy (39%), textiles and clothing (15%), agricultural products (9%), and chemicals (5%). Major imports from the EU were power generating machinery (21%), chemicals (16%), transport equipment (16%), and food and agricultural products (10%). Egypt has a serious but improving trade deficit that has put considerable pressure on the Egyptian Pound.

Trade relations with the EU are good although there are several outstanding trade and phyto-sanitary issues. These range from specific market access issues and difficulties for businesses facing a highly regulated and complex system through to restrictions in the export of agricultural goods (potatoes) and fishery products because they do not conform with EU quality norms.

The Arab League headquarters is in Cairo, and the Secretary General of the League is traditionally an Egyptian. Former Egyptian Foreign Minister Amr Moussa is the present Secretary General of the Arab League. Egyptian Deputy Prime Minister Boutros Boutros-Ghali served as Secretary General of the United Nations from 1991 to 1996.

Egypt is on good terms with Libya and Sudan, its African neighbors, although it has a land dispute with Sudan over the Hala'ib Triangle, a small area of land on the Egypt-Sudan border on the Red Sea coast. Sudan claims the area, although the Egyptian military currently occupies it. Egypt's policy on Sudan is that it is in favor of a united Sudan. As such Egypt was not directly involved in the Sudan Peace Process that was hosted in Kenya under the auspices of IGAD and that gave the peoples of south Sudan the right to secede and form an independent state in 2001 after the long and brutal Sudanese civil war that cumulatively lasted more than 40 years.

Being a pioneer of Peace making in the region and driven from its belief that a peaceful middle east is the best solution for the development of Egypt, then third Egyptian president Anwar Sadat's groundbreaking trip to Israel in 1977, the 1978 Camp David Accords, and the 1979 Egypt-Israel Peace Treaty represented a fundamental shift in the politics of the region; from a strategy of confrontation to one of peace as a strategic choice. Egypt was subsequently ostracized by other Arab states and ejected from the Arab League from 1979 to 1989.

However, due to circumstances of today's Israeli-Palestinian conflict, full normalization of relations between these two countries is still halted and sometimes fought against in both countries. The Egyptian ambassador to Tel Aviv is often withdrawn, and the peace has been called a cool peace due to the Israeli-Palestinian conflict.

Egypt is a key partner in the search for peace in the Middle East and resolution of the Israeli-Palestinian conflict.

Egypt played an important role in the negotiations leading to the Madrid Peace Conference in 1991, which, under United States and Russian sponsorship, brought together all parties in the region to discuss Middle East peace.

This support has continued to the present, with President Hosni Mubarak often intervening personally to promote peace negotiations. In 1996, he hosted the Sharm El-Sheikh "Summit of the Peacemakers" attended by President Bill Clinton and other world leaders.

In 2000, he hosted two summits at Sharm El-Sheikh and one at Taba in an effort to resume the Camp David negotiations suspended in July of 2000, and in June 2003, Mubarak hosted President George W. Bush for another summit on Middle East peace process. Another summit was convened in Sharm El Sheik in early 2005, which was attended by Egypt, Israel, the Palestinian Authority and Jordan. The Egyptian Chief of Intelligence, General Omar Suleiman, has played a substantial role in negotiations between the Israeli and Palestinian sides and is highly respected on both sides.

After the 1973 Arab-Israeli War, Egyptian foreign policy began to shift as a result of the change in Egypt's leadership from President Gamal Abdel-Nasser to Anwar Sadat and the emerging peace process between Egypt and Israel. Sadat realized that reaching a settlement of the Arab-Israeli conflict is a precondition for Egyptian development. To achieve this goal, Sadat ventured to enhance US-Egyptian relations to foster a peace process with Israel.

Despite differences and periods of friction in relations between the two countries, the US-Egyptian relations under Mubarak have evolved moving beyond the Middle East peace process towards an independent bilateral friendship. It was in the US interest that Egypt was able to present moderate voice in Arab councils and persuade other Arab states to join the peace process and to normalize their relations with the US.

However lately Egyptian-American relations have become a little tense. This is due to a great extent to the Egyptian unwillingness to send troops to Afghanistan and Iraq in peace stabilization missions. Egypt strongly backed the US in its war against international terrorism after 11 September attacks, but refused to send troops to Afghanistan neither during the war nor after it. Egypt also opposed US military intervention of March 2003 in Iraq, continued to oppose US occupation of the country after the war and further refused to comply with US requests to send troops to the country even under a UN umbrella.

The issue of participation in the post-war construction efforts in Iraq has been controversial in Egypt and in the Arab world as a whole. Opponents say that the war was illegal and it is necessary to wait until Iraq has legal representative government to deal with it. On the other hand supporters of participation argued that the responsibility to protect Iraqis and to help them in time of crisis should prevail and guide the Egyptian action in Iraq.

Egypt played a key role during the 1990-91 Gulf crisis. President Mubarak helped assemble the international coalition and deployed 35,000 Egyptian troops against Iraq to liberate Kuwait. The Egyptian contingent was one of the largest in the coalition forces, along with the U.S., U.K. and Saudi Arabia.

In the aftermath of the Gulf war, Egypt signed the Damascus declaration with Syria and the Gulf states to strengthen Gulf security. Egypt continues to contribute regularly to United Nations peacekeeping missions, most recently in East Timor, Sierra Leone, and Liberia.
Following the September 11, 2001 terrorist attacks on the United States, Egypt, which has itself been the target of terrorist attacks, has been a key supporter of the U.S. war against terrorists and terrorist organizations such as Osama bin Ladin and al-Qaeda, and has supported the Iraqi Governing Council.

On December 25, 2006, the Egyptian Foreign Minister Ahmed Abul Gheit called for end to "nuclear double standards" where sanctions are imposed on Iran for enriching uranium, but the Israeli nuclear program is not subject to any control by the International Atomic Energy Agency.

Law

The Egyptian Civil Code is the prime source of civil law for the Arab Republic of Egypt.
The first version of Egyptian Civil Code was written in 1949. The prime author of the 1949 code was Abdel-Razzak Al-Sanhuri, who received assistance from Dean Edouard Lambert of the University of Lille. Perhaps due to Lambert's influence, the 1949 code followed the French civil law model. The code focus on the regulation of business and commerce, and does not include any provisions regarding family law.

The code also provides for Islamic law to have a role in its enforcement and interpretation. Article 1 of the code provides that, “in the absence of any applicable legislation, the judge shall decide according to the custom and failing the custom, according to the principles of Islamic Law. In the absence of these principles, the judge shall have recourse to natural law and the rules of equity.” Despite this invocation of Islamic law, one commentator has argued that 1949 code reflected a "hodgepodge of socialist doctrine and sociological jurisprudence."

The Egyptian Civil Code has been the source of law and inspiration for numerous other Middle Eastern jurisdictions, including pre-dictatorship Libya and Iraq as well as Qatar.

Egypt was among the first countries after France to establish a judicial institution. The beginning was in 1875 with the enactment of the modern codification under which the mixed tribunals were established.
The Egyptian judicial institution that existed in the mid 19th century was characterized by the followings:


Courts at that time were not entirely national, but rather there were courts for foreigners known as "consular courts".

The judicial authority at that time was not the only authority entrusted with giving rulings on disputes, but rather there was another system that had enabled members of the executive authority to issue rulings in certain cases.

Abandonment of the unified judicial system that had existed since the Ottoman rule of Egypt.
During the Ottoman era, the judiciary power was undertaken by one person known as the Chief Justice, who was assisted by four deputies representing the four schools of Islamic jurisprudence; Hanafi, Shafie, Maleki and Hanbali.
During Mohamed Ali's reign of Egypt and his endeavor to build a modern Egyptian state, two significant developments took place in Egypt, leading to the existence of various bodies of civil judiciary in the country.

 
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