25 June 2022 07:31 PM

COURTS > Judicial Inspection Authority Back


Formation
The Judicial Inspection Committee is constituted of one president, four general inspectors and six inspectors. The president forms with the general inspectors the council of the committee. The committee will have an office composed of judicial assistants who will be governed by the same system applicable on the offices of the judicial departments.

Competences
The competence of the Judicial Inspection Committee controlled by the Minister of Justice comprehends the following:
  • Judicial Courts
  • Administrative Courts
  • Committees of the Ministry of Justice
  • Audit Court
  • Departments of the courts, committees and the Audit court
  • Central departments of the Ministry of Justice
  • Functions of persons handling a function of judicial quality in all the councils, committees and commissions.
  • Notaries Publics
  • Experts
  • Receivers in Bankruptcy
  • Controllers of precautionary composition
Tasks
The Judicial Inspection committee handles the following tasks:
  • To control the good course of justice as well as the works of the judges and the employees of the offices and other individuals related thereto.
  • To draw the attention of the authorities to any imperfection it notices in the works and to present suggestions aiming at their adjustment.
  • To have the disciplinary competences provided for in the law against the judges and employees of the offices and central departments in the Ministry of Justice.
  • To draw the attention of those subject to inspection to any imperfection appearing in the work course.
  • To warn the judges and the employees where needed.
  • To propose to the Supreme Council of Justice to take the necessary measures against any judge.

Members Appointment
  • The president of the Judicial Inspection Committee is appointed by virtue of a decree issued in the Cabinet upon the suggestion of the Minister of Justice, among the judicial judges of the fourteenth grade and above or the equivalent of this grade within the personnel of the council of state and the personnel of the Audit court.
  • The general inspector is appointed by virtue of a decree issued by the Cabinet upon the suggestion of the Minister of Justice among the judicial judges of the seventh grade and above, or of an equivalent grade in the personnel of the Council of State and the personnel of the Audit court.
  • The inspector will be appointed by virtue of a decree issued by the Cabinet upon the suggestion of the Minister of Justice among the judicial judges of ninth grade and above or an equivalent grade within the personnel of the Council of State and the personnel of the Audit court.
  • The president of the Judicial Inspection Committee and the general inspectors are returned to their original personnel or will be transferred to another administration appointed in a grade which remuneration is equal to their remuneration upon a written request presented by them.
  • It is possible to return them to their original personnel or to transfer them to another administration by virtue of a decree issued by the Cabinet upon the proposal of the Minister of Justice and with the consent of a special committee constituted of the chief president of the court of cassation, the president of the council of state and the president of the Audit court.
  • The inspectors are returned to their original personnel or will be transferred to another administration by virtue of a decree issued upon the proposal of the Minister of Justice and with the consent of the board of Judicial Inspection Committee
Tasks performance

Its administration
The president of the committee is the direct administrative president of the members and public employees.
Within the scope of the judicial inspection, the president practices all the administrative and financial competences assigned to the minister in the laws and regulations with the exception of the constitutional competences.

Its meetings
The board of the committee will convene upon convocation of the president.
The meeting will not be legal unless attended by the president and at least two of the general inspectors.
The resolutions will be adopted by the majority and in the event of equal votes the president will have the casting voice.

Annual Report
The board of the committee will work out before the beginning of every judicial year a report stating the inspection works of the previous year and will be submitted to the Minister of Justice with the adequate propositions.

Inspection Program
The president of the committee of inspection will be in charge of the execution of an annual inspection program worked out by the board of the committee before the beginning of every judicial year.

Investigation works
  • The president of the committee should proceed immediately, in person or through any of the general inspectors or inspectors, to investigate in any complaint addressed to him directly or through the Minister of Justice and he is entitled to reserve the complaint served directly to him if he deems that it lacks seriousness.
It is conditioned that the member handling the inspection work should have a higher grade than the judge who will be subject to inspection.
  • The president and the members of the committee of judicial inspection have the right to use all the means of investigation to accomplish their tasks and to take note of all documents, files and records and to hear whomever they deem necessary among the employees and others, as well as to summon these latter through the prosecution where needed.
And the board of the committee will have the right to impose, where needed, on the employees, in cases of hindering the inspection works, the sentence of admonition.

Disciplinary Punishment
  • The board of the committee refers the judges and the employees of the second categories and above under the control of the committee to the disciplinary council if it reveals in the investigations what may require such referral and he has the right to suggest to the Minister of Justice to cause the work interruption of the judge – referred to the disciplinary council.
  • The president of the committee refers the employees of the third category and below as well as all other individuals under the control of the committee to the disciplinary council and sentences them of penalties of first degree stipulated in the statutes of employees after hearing their defense.
 
The president and the members are bound to maintain the confidentiality of the profession, and are referred to the disciplinary council by virtue of a decree issued by the Cabinet upon the proposal of the Minister of Justice and after the consultation of the board of the committee. This decree should designate the disciplinary council to examine such lawsuit, provided that it will be constituted of a president and two members chosen out of the presidents of the chambers before the court of cassation and the commissioner will be the prosecutor before the court of cassation and in case of absence, the attorney of the highest grade before this court.
The disciplinary council will follow the procedures relevant to the judges.

Presidents of the Judicial Inspection Committee
Name From To
Judge Shawkat Manla  First President of the Committee since the early 1960s of the 20th century   
Judge Mamdouh El Khodr  13/07/1966  01/07/1978 
Judge Abdel Baset Ghandour  24/07/1978  01/07/1992 
Judge Dib Darwish  17/09/1992  01/07/1995 
Judge Walid Ghamra  12/07/1995  01/07/2000 
Judge Tarek Ziede  05/07/2000  24/07/2004 
Judge Mohamad Ali Oweida  26/11/2004  Still in service 

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