Individual Corruption

The constitution stipulates equal access to the judicial system regardless of ethnic or racial origin. The judicial system usually functions well, although according to Global Integrity 2010, bribery, favouritism and informal relationships affect the implementation of judicial decisions. The Carnegie Endowment for International Peace Egypt Country Report 2008 states that civilian courts are generally seen as impartial and independent. However, cases of political or security offences are often referred to the military courts or the State Security Emergency Courts, in which basic constitutional rights are often set aside. This critique is also expressed by the US Department of State 2010, according to which the government uses the Emergency Law to try non-security cases in the military courts, where the accused does not receive full constitutional protection.

Business Corruption

The Mubarak government was reportedly planning to establish special economic courts to rapidly settle commercial disputes. Currently, however, companies wishing to enforce commercial contracts or seeking to resolve disputes face a costly and time-consuming process. Both the average cost and the time required to resolve a dispute are higher than in other countries in the region. According to the Heritage Foundation 2011, it takes an average of 6 years to decide commercial cases and appealing procedures can extend the cases above 15 years. On the other hand, the Heritage Foundation 2011 reports that local contractual arrangements are mostly secure.

Political Corruption

According to Global Integrity 2008, the Military Court, the Supreme State Security Court and the Political Parties Court are not judicially reviewed. Reportedly, Mubarak used the military courts, in particular, for political purposes. In April 2008, the military courts tried and convicted 25 civilians, all leading members of the opposition, the Muslim Brotherhood.

The independence of judges is guaranteed by the constitution; however, law No. 46 issued in 1972 provides the Ministry of Justice the power to select national-level judges without a transparent procedure; the Global Integrity 2010 report notes that the gap between law and reality is so wide that judicial independence is absent. According to the US Department of State 2010, the government generally respects judicial independence in non-political cases in civilian courts, while executive influence remains strong in politically charged cases and emergency courts. The US Department of State 2011 also notes that the judicial system, besides being extremely slow, in some cases is subject to political influence, and according to Transparency International Global Corruption Report 2007, both the Chairman of the Supreme Judicial Council, who oversees the functioning of the judicial system, and the General Prosecutor are appointed by the government. This situation hinders independent investigation into corruption within government ranks. In fact, according to Global Integrity 2010, the head of the Court of Cessation, the general attorney and all judges and prosecutors are moved, delegated and transferred by the Supreme Judicial Council in accordance to abstract regulations developed by the Council. Reportedly, the Ministry of Justice rewards loyal judges with generous bonuses. However, although the executive tries to influence the judiciary, the higher echelons of this sector have occasionally ruled against the government, while nearly 7,000 out of Egypt's 9,000 judges conducted a sit-in in spring 2006, advocating for independence and judicial reform. The campaign was led by the Judges' Club, a professional union that fights for judicial independence.

The executive wields significantly more over the lower levels of the judiciary because of the low salaries and selective bonuses found at these levels. The absence of lifetime tenure and other institutional guarantees of independence is a major problem.

Frequency

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the Egyptian judiciary's level of independence from influences of government, citizens, or companies a score of 4.8 on a 7-point scale (1 being 'heavily influenced' and 7 'entirely independent').

- Business executives give the efficiency of the legal framework for private companies to settle disputes and to challenge the legality of government actions and/or regulations a score of 3.9 and 3.2 respectively on a 7-point scale (1 being 'extremely inefficient' and 7 'highly efficient').

The World Bank & IFC: Doing Business 2011:
- Enforcing commercial contracts requires 41 procedures, taking an average of 1,010 days and costing 26% of the claim.

Transparency International: Bribe Payers Index 2008:
- Business executives give the judiciary a score of 2 on a 5-point scale (1 being 'not at all corrupt' and 5 'extremely corrupt').