Justice without extra fees - Egypt - Al-Ahram Weekly

Al-Ahram Weekly

04-07-2025

A statement issued by the Bar Association has demanded the immediate repeal of what it described as 'the unconstitutional decision' issued by the heads of the Courts of Appeal, imposing unprecedented fees on citizens for a number of litigation procedures.
Issued in April, the association's statement also noted that the value imposed on fees was excessive, 'becoming a burden on litigants and an obstacle to their right to litigation. This represents a violation of the constitutional obligation that litigation be a protected and guaranteed right for all,' the statement said.
The crisis of the higher court fees began on 1 March when successive fees were imposed on a number of litigation procedures. The decisions were followed by successive increases in fees from entities deemed other than those authorised by law and the constitution. 'This represented a violation of constitutional, legal frameworks, and the limits of the constitution and the law,' Ali Suleiman, a former unionist and a lawyer since 1990, told Al-Ahram Weekly.
Suleiman said that over the past two years, lawyers have been taken aback by a gradual increase in court fees. However, in 2025, the Council of Presidents of the Courts of Appeal decided to impose exaggerated fees. Court fees are subject to a law related to the establishment of courts and must be paid before filing any lawsuit.
What further fuelled the lawyers' protests, represented by the syndicate, was the approval of a LE33 fee for each page submitted in the case document portfolios. The same amount was also imposed for obtaining any computerised document from the court. A LE5 review stamp was added for every paper in a case file.
'According to the Egyptian constitution, no fees may be imposed except pursuant to a law issued by the House of Representatives. Accordingly, the decision of the Council of Appeal Courts is unconstitutional,' Suleiman added.
What further caused discontent from lawyers by the decisions was the State Council's rulings in 2003 to abolish the Council of Presidents of the Courts of Appeal, arguing that the council has no legal basis. Accordingly, all decisions issued by it are null and void, according to Ahmed Fouad, secretary-general of the Helwan Branch of the Bar Association.
The fact that fees in some cases reach up to LE5,000 and do not go to the Ministry of Justice but to the Judges' Fund for the Courts of Appeal, is unconstitutional and unacceptable, according to Suleiman. He added that these fees stand in the way of achieving justice within society. Fouad adds that even workers and personal status cases are subject to payment of litigation fees, even though they had been exempted since 1929.
Fouad points out that in 2009, the Ministry of Justice submitted a draft law to the House of Representatives to increase litigation fees. This led to a 20-day sit-in by lawyers at the syndicate, after which the draft law was withdrawn.
This time around, according to Fouad, there has been no response to the demands of lawyers. He said members of the General Assembly of Lawyers continued their strike on 18 and 19 May in implementation of the decision to boycott sessions before all criminal courts nationwide. This was in compliance with the decision of the General Bar Council and branch syndicates to oppose the decision. The Bar Association affirms that violators of the strike will be referred to disciplinary action, suspended from practising the profession, and all union services will be suspended.
The strike was not the first action announced by the Bar Association. It was preceded by several escalating measures, including staging protests in front of courthouses to express their opposition, boycotting the treasuries of the Courts of Appeal and their offices nationwide, boycotting all court treasuries, and preventing the payment of fees. A press conference was also held to inform the public of the consequences of the increase in litigation fees. The measures were taken by the Bar Association after it had attempted to communicate with decision-makers but with no response.
The strike was part of an escalation of measures against the increase in fees. The general assemblies of the sub-syndicates held a one-hour protest in front of all primary courts nationwide on 29 May and 18 June. It also called on the General Assembly of Lawyers to convene to take whatever action it deems appropriate in this regard on 21 June at the syndicate headquarters on Ramses Street in Cairo. However, the Administrative Judiciary cancelled the meeting. But that has not derailed the Bar Association. It carried out a survey, which revealed that 21,000 of its members agreed to hold a general strike on 7-8 July, whereby they will boycott court proceedings across the country and refrain from making any payments at court treasuries. The Bar Association stressed that these procedures will take place without infraction on citizens' rights.
* A version of this article appears in print in the 3 July, 2025 edition of Al-Ahram Weekly
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