Dr. Bahaa Helmy Writes: Solving the Problem of Enforcing Judgments

The problem of non-enforcement of judgments in Egypt is one of the reasons for the slowness of justice; it is an old and intricate subject, but one of great importance for applying the principle of the rule of law and complying with the provisions of the Constitution. The President of the Republic had previously called for achieving swift justice, so the House of Representatives made some legislative amendments to the Code of Criminal Procedure to address the problem of lengthy litigation, without touching the issue of non-enforcement of judgments and the other problems connected with it. During the inauguration of the projects of the third phase of the Bashayer El-Kheir project in Alexandria, and while reviewing the problems of state land and the building violations committed by their owners taking advantage of the coronavirus conditions. A presidential directive was issued to the government, the governors and the Ministry of Interior with three tasks: the first, to put an end to state bodies and sectors suing one another, in order to preserve the public interest; the second task, to follow up on building violations and new encroachments in the various governorates, with immediate removal down to ground level; and the third, to assign the Ministry of Interior to enforce judgments and arrest violators immediately. The issuance of these directives signifies the state’s keenness to comply with the Constitution and to apply the rule of law and equality in the subjection of all persons, institutions and public and private bodies, including the state itself, to the laws, with recourse to an independent judiciary. The problem of non-enforcement of judgments leads to the obstruction of rights and freedoms, which affects security and shakes confidence in the justice system in society; it also imposes situations that hinder the implementation of the hoped-for development and growth plans. There are cases in the courts that have been pending since the last century, some of them disputes between state institutions and bodies, which has created situations in which the judgment is impossible to enforce, and the start of a new dispute to demand enforcement and compensation. Some government bodies refuse to enforce judgments, which rarely happens in the developed countries of the world, and in some cases the litigants have passed away while the heirs, and the heirs of the heirs, are still fighting over problems of enforcing the judgments. State institutions and sectors resorting to the courts to resolve disputes among themselves signifies the failure of the leaders of these bodies and the passivity that characterizes them, and the narrow-mindedness of their officials; it also points to the government’s failure to perform one of the constitutional competences entrusted to it with regard to directing, coordinating and following up the ministries, bodies and authorities under it. On the other hand, the continuation of disputes in the courts between government bodies shows the decline of the role of the State Lawsuits Authority with regard to its competence to settle disputes between state bodies, and it is obliged to defend the public funds that are wasted as a result of these disputes. The directive to solve the problem of enforcing judgments in Egypt is a presidential order from the very top of the executive authority to the government to comply with the provisions of the Constitution regarding its competence to implement laws, protect citizens’ rights and the interests of the state, and apply the rule of law in deed and not just in word, and it is a dream that has long haunted those whose rights have been lost for years. The enforcement of court judgments is the fruit that needs development, and it requires amending legislation that is decades old, especially the “Code of Civil and Commercial Procedure and the Code of Criminal Procedure”, as they are the basis of litigation procedures from the beginning of the dispute until the judgments are handed down and the procedures for their enforcement. The machinery of the Ministry of Interior for enforcing judgments may need human and technical support to overcome the accumulated problems of enforcing judgments, in addition to cooperation and coordination with the Ministry of Justice and other relevant bodies to accomplish what is required. It would therefore be appropriate to determine the human resources needs in light of a new system and working mechanisms in the Public Security Sector and its affiliated bodies, such as the General Administration for the Enforcement of Judgments and the investigation departments and sections in the security directorates, police stations and police districts. It would also be possible to study recruiting a number of law graduates and granting them the powers of judicial police officers in accordance with the law, to work under the supervision of investigation officers, while reviewing the paper and electronic document cycle of the public security database regarding the registration and clearing of judgments. And providing more devices connected to the judgments database, and linking with the civil registry to obtain places of residence. A permanent higher committee could be formed, comprising representatives of the Ministries of Interior and Justice and any relevant bodies it deems fit, to remove obstacles and propose legislative amendments, and to submit them to the Council of Ministers to take the necessary action, with the aim of achieving the target as quickly as possible. The hoped-for results can be summed up as preserving the rights and freedoms of natural and legal persons alike, and setting a new framework for everyone’s dealings in accordance with the principle of the rule of law.