State Council (Maglis ad-Dawla) A Symbol of the Rule of Law
Egypt, History, 2/10/2000

According to Article 172 of the constitution of the Arab Republic of Egypt, the State Council is an independent judicial body, authorized to settle administrative disputes, disciplinary actions in addition to other terms of references as are defined by law.

On April 23, 1879, Khedive Ismail issued a decree establishing the State Council to help formulate draft laws and regulations and give opinion on legal, administrative matter. However, this decree could not be enforced due to the financial crisis in Egypt at that time.

In 1939, the commission on State lawsuits was requested to prepare a draft law to establish a State Council on the same line of its counterpart in France.

However the draft law provided that for the State Council decisions to be enforced, they shall be approved by the Cabinet of Ministries. This raised objections to the draft law, which precluded its enactment.

In 1940, Abdel Hameed Badawi was appointed Head of State Lawsuit Commission, who proposed a new draft law for the council, which contained no restrictions to the council decisions.

Once more a storm of objections and criticism was blown, describing the proposed council as a state within the State: As a result, the project was once more adjourned.

In 1945, a draft law for establishing a State Council was mentioned by one of the representative, upon which the government took the initiative and presented its draft law.

In 1946, both drafts were examined and on August 17, 1947, law no. 112/1946 was issued, establishing the State Council, which was officially opened in Princess Fawquia's Palace, Giza on February 10, 1947.

Organization

The organizational structure of the State Council comprises:

1 - Head of State Council

The head is appointed by a presidential decree, from among the State Council deputy-heads, subject to consultation with major members of the council. Since its inception, twenty-one heads have until now presided over the State Council.

The first was Dr. Mohammed Kamel Morsi Pasha and the current head is counselor Ali Fuad al-Khadem.

The council head supervises the various assignments of the Council.

2 - Council Board

The Council Board is chaired by the council head, with membership of the most senior deputy-heads of the council. The functions of the Sate Council cover the appointment, promotion and transference of council staff members.

3- Secretary-General:

The Secretary-General assists the Council Head in implementing its functions. He heads the technical office and supervises translation works and insurance of provisions.

4- State Council Staff:

The State Council has a staff of 655 members in various departments.

Main Divisions of the State Council:

The State Council has three main divisions:

1- Judicial Division:

Is concerned with considering administrative disputes.

This division comprises:

* Supreme Administrative Court.

* Administrative Judiciary Court.

* Administrative Courts.

* State Commissioners' Bureau.

Legal Opinion Division

It provides legal opinion on international, constitutional and legislative issues reverted thereto. It also considers disputes among ministries, public departments and authorities and examines administrative grievances.

This division comprises the general assembly of both the juridical and legal opinion divisions.

Legislative Division:

This division reviews laws and presidential decrees from a legislative perspective. This division may prepare legislation if requested.

Additionally, the council has auxiliary technical organs.

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