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They may not be fully or partly delegated except to bodies and to perform tasks that
are identified by law, provided that all the foregoing maintains the independence and
impartiality of the judiciary and judges and prevents conflicts of interest. The rights,
duties and guarantees granted to them are specified by law.
• Right to public trial
Article 187: Public sessions
Court sessions are public, unless, for reasons of public order or morals, the court
deems them confidential. In all cases, the verdict is given in an open session.
Subsection Two: The Judiciary and Public Prosecution
Article 188: Mandate
The judiciary adjudicates all disputes and crimes except for matters over which
another judicial body is competent. Only the judiciary settles any disputes relating to
the affairs of its members, and its affairs are managed by a higher council whose
structure and mandate are organized by law.
• Attorney general
Article 189: Public prosecution
The public prosecution is an integral part of the judiciary. It is responsible for
investigating, pressing charges and prosecuting all criminal cases except what is
exempted by law. The law establishes the public prosecution’s other competencies.
• Establishment of judicial council
• Structure of the courts
• Establishment of administrative courts
Public prosecution is carried out by a Prosecutor General who is selected by the
Supreme Judicial Council from among the Deputies to the President of the Court of
Cassation, the Presidents of the Court of Appeals or the Assistant Prosecutor
Generals, by virtue of a presidential decree for a period of four years, or for the
period remaining until retirement age, whichever comes first, and only once during a
judge’s career.
Subsection Three: The State Council
Article 190: Mandate
The State Council is an independent judicial body that is exclusively competent to
adjudicate in administrative disputes, disciplinary cases and appeals, and disputes
pertaining to its decisions. It also solely competent to issue opinions on the legal
issues of bodies to be determined by law, review and draft bills and resolutions of a
legislative character, and review draft contracts to which the state or any public
entity is a party. Other competencies are to be determined by law.
Section Four: The Supreme Constitutional Court
• Establishment of constitutional court
Article 191: Independence, seat, budget, General Assembly
The Supreme Constitutional Court is an independent judicial body. It is based in
Cairo. If necessary, it may convene anywhere else in the country with the approval of
the Court’s General Assembly. It has an independent budget whose items are all
discussed by the House of Representatives. After it is approved, it is incorporated in
the state budget as a single figure. The Court’s General Assembly is responsible for
governing the Court’s affairs and is consulted on the draft laws related to the Court’s
Egypt 2014
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