Egypt

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications
January 23. 2022. Case No. 6590 of judicial year 27 Council of State of Egypt Labour law The Council of State of Egypt held that the use of fingerprint device for time and attendance record was unconstitutional during the public health emergency. An employee of the Egyptian Social Security Authority challenged before the Council of State the use of fingerprint device in Egypt for time and attendance records during the public health emergency. He considered that this measure lead to severe public health harms by spreading Covid-19 and other infecting diseases. An attendance register could effectively replace fingerprint device and this would significantly reduce public health concerns. The Council of State upheld the claim and annulled the decision of the Social Security Authority to use the fingerprint device; the Authority was ordered to use attendance register instead.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-tanta-first-circuit-case-no-6590  
August 22. 2021. Case No. 46278 of judicial year 74 Council of State of Egypt Vaccination; rights of prisoners The Council of State of Egypt held that the authorities made adequate measures to further the vaccination of prison population against the Covid-19 pandemic. Eight prisoners from Egypt turned to the Council of State and challenged the decision of the prison authorities not putting them on the list of persons waiting for vaccination against Covid-19. The Council of State held that no evidence was provided that the names of the applicants were not included in the vaccination list; moreover, several prisoners have been already vaccinated, while proper further endeavours have been devoted to vaccinate all prisoners, therefore, the claims were rejected.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-first-circuit-case-no-46278-judicial  
June 26. 2021. Case No. 42996 of judicial year 74 Council of State of Egypt Rights of prisoners; rights of elder persons The Council of State of Egypt held that it was constitutional refraining from releasing at least elder prisoners under procedural safeguards due to the additional risk of contamination during the public health emergency. An elder prisoner turned to the Council of State because some employees and prisoners died in the prison, however, the authorities refused to release under procedural safeguards at least the elder prisoners cumulatively marginalized during the Covid-19 pandemic. The Council of State dismissed the claim and held that the efforts of prison authorities to secure the health of prison population was adequate.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-first-circuit-case-no-42996-judicial  
March 28. 2021. Case No. 36833 of judicial year 75 Council of State of Egypt Right to vote; freedom of assembly The Council of State of Egypt held that it was constitutional to reject a request to hold the Journalist Bar Association midterm election in a tent close to the bar building instead of inside the bar building. A member of the general assembly of the Journalist Bar Association challenged the decision of the Journalist Bar Association's decision to hold the midterm elections in its headquarters despite the public health concerns. The claimant requested from the general assembly to hold the midterm elections in a tent close to the bar building instead of the bar building itself to avoid overcrowded polling stations and to reduce public health concerns. The request was dismissed by the general assembly, then the claimant turned to the Council of State to contest this decision. The Council of State dismissed the claim and held that the Journalist Bar Association had a broad margin of movement to decide from its elections even under the extraordinary circumstances; moreover, no evidence was shown, that the bar did not take adequate measures to protect the health of general assembly members in the bar headquarters.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-second-circuit-case-no-36833-judicial  
March 28. 2021. Case No. 38028 of judicial year 75 Council of State of Egypt Right to vote The Council of State of Egypt held that the postponement of Journalist Bar Association elections from March to April due to the public health concerns was constitutional. The applicant contested the decision of the Journalist Bar Association which postponed its midterm elections from March to April 2021. due to the public health concerns. An outdoor venue could not be found for the elections, while in indoor facilities, the health of participants could not be safeguarded. The Council of State dismissed the claim and argued that the Journalist Bar Association had the right to postpone its midterm elections with a short notice in the light of the public health emergency.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-second-circuit-case-no-38028-judicial  
March 27. 2021. Case No. 37306 of judicial year 74 Council of State of Egypt Rights of prisoners The Council of State of Egypt held that a total ban on visiting prisoners and communicating with them during the public health emergency was constitutional. A prevention detention prisoner from Cairo turned to the Council of State, because the Egyptian authorities banned all visits in prisons during the public health emergency, which prevented families from checking upon their inprisoned fellows. Moreover, prisoners were also denied to be transferred to the courts, therefore, their trials should have been postponed, while they were also unable to communicate with their lawyers during this period. The Council of State dismissed the claim and held that these measures during the public health emergency were not unconstitutional.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-first-circuit-case-no-37306-judicial  
February 28. 2021. Case No. 33381 of judicial year 75 Council of State of Egypt Right to vote; right to assembly The Council of State of Egypt held that the holding of elections in the Bar Association of Journalists on due time despite the public health concerns was constitutional. The Bar Association of Journalists held the scheduled elections in February 2021. in compliance with the statutory duty to hold elections biannually. The claimant argued that the decision to hold elections was in conflict with the ministerial resolution banning gatherings in the country on public health grounds. The Council of State considered that right to vote should outweight public health concerns, and elections should be held on due time despite the risks caused by the global pandemic. Moreover, a similar large gathering, the parliamentary elections was also held in Egypt in the same period. As a result, the claim was dismissed.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-second-circuit-individuals-case-no  
December 26. 2020. Case No. 52382 of judicial year 74 Council of State of Egypt Access to justice The Council of State of Egypt held that denying a request to relocate court trials to a larger building with more spacious rooms was constitutional. The claimant was supposed to take part in a court proceeding, and he requested the relocation of his trial to a larger building with a larger room for trials. The president of the court denied his request, and this was appealed before the Council of State. The Council of State held that although the denial of this request, the court took adequate measures for the protection of the clients during the trials, therefore, the claim was dismissed.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-first-circuit-case-no-52382-judicial  
December 16. 2020. Case No. 16023 of judicial year 75 Council of State of Egypt Right to vote; freedom of expression; freedom of assembly The State Council of Egypt held that the Lawyer's Bar Association had discretionary power to decide, whether its general assembly would be held on due time or would be postponed during the public health emergency. Thirteen general assembly members of the Egyptian Lawyer's Bar Association attacked a decision of the general assembly to call subsindycates to hold their meetings and elections on the originally scheduled date despite public health concerns. The claimants argued that this ruling restricted with bad faith the freedom of assembly, right to vote and freedom of expression of subsindycate members. The Council of State held that such a decision was within the discretionary power of the Bar Association's general assembly, therefore, the claim was dismissed.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-cairo-second-circuit-case-no-16023  
December 12. 2020. Case No. 43525 of judicial year 74 Council of State of Egypt Right to conduct a business; healthcare The Council of State of Egypt held that it cannot oblige a private hospital to accept Covid-19 patients for a low price determined by a law. Three individuals were contaminated in the Covid-19 pandemic, and requested medical treatment from a private hospital for the low price determined by the state for public hospitals. The private hospital denied the requests, therefore, the three individuals turned to the Council of State to impose on the private hospital the duty to accept them for the low price. The Council of State held that it could not oblige private hospitals to accept Covid-19 patients for lower prices, the Government just should take such a measure instead.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-first-circuit-case-no-43525-judicial  
October 31. 2020. Case No. 35495 of judicial year 74 Council of State of Egypt Rights of prisoners The Council of State of Egypt held that prison authorities constitutionally dismissed the claim of an inprisoned ill woman to release her and transferring her to the hospital. A woman under detention requested from the Council of State to oblige prison authorities to transfer to a hospital from the prison. Due to her illnesses, she requested her release and her adequate medical treatment. The Council of State dismissed the claim and held that no evidence was shown that prison authorities failed to take necessary measures for the protection of prisoners during the public health emergency.     https://www.covid19litigation.org/case-index/egypt-state-council-court-administrative-justice-first-circuit-case-no-35495-judicial  
January 27. 2020. Advisory opinion No. 345 of the year 2021, file No. 848/2/37 Council of State of Egypt Right to conduct a business The Council of State of Egypt held that completely closed businesses should be exempted from paying rental fee during the public health emergency; however, those affected only partially by the lockdown should pay the normal rental fee also during this period. An authority in South Sinai, Egypt rented some of its buildings for entrepreneurs running a gym, a cosmetics shop and a fruit/vegetable shop. Once public health restrictions affected the operation of these businesses, they requested the vaiwe of their rental fees until the end of the public health emergency. The governor of South Sinai requested from the Council of State an advisory opinion, whether these requests should be accepted. The Council of State held that the operator of the gym should be exempted from paying the rental fees during this period, because his business should have been completely closed due to the public health restrictions. However, those of running the cosmetics shop and the fruit/vegetable shop should have paid the full amount of the rental fee even during the public health emergency, because their operation was only partially affected by the lockdown.     https://www.covid19litigation.org/case-index/egypt-state-council-legal-opinion-and-legislation-division-advisory-opinion-no-345-year