The authority of the Egyptian Court of Appeal to seize the substantive: Analytical study

Document Type : Original Article

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President of the Court of Appeal of the Cairo Court of Appeal

Abstract

One of the main pillars of the Egyptian judicial system is the two-step process. This judicial system begins with the court of first instance, which is appealed to an appellate court called “the court of appeal”, and then ends at the court of last resort “court of cassation”. The Court of Cassation’s jurisdiction hears challenges brought before it, and also assume the role of a court of merit rather than a court of law. Whereas, the appellate courts review the judgment of first instance, and cover questions of fact as well as law. Court of first instance are the first-degree court, and their rulings are subject to appeal.
One of the most ambiguous matters in the litigation is the question of what should the court of appeal do when rulings are rendered by the Courts of First Instance, when shall it adjudicate the case? And when shall it abstain and refer it back to the court of first instance? This matter often constitutes a legal challenge in many cases before the Court of Appeal, as reality has shown dozens of cases with which it is difficult to decide. This paper examines each case thoroughly in an attempt to assist those working in the field of justice, whether sitting or standing judiciary, to avoid any confusion in the appealed cases presented to them.

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