Arab world's verdict on legal education: The Egyption case between status quo, assessment, and some hope
DOI:
https://doi.org/10.25255/jss.2015.4.4.964.1005Keywords:
Legal Education, Egyptian Constitution, Law Schools, Exams, Learning and Communication Skills, Legal Writing, Legal Analysis, Cases, Laws, Islamic Law, Civil Law System, Common and Case LawAbstract
In the Arab World, especially Egypt, Supreme [Higher] Education Development (“HED”) has always been underestimated by the governing authorities, being perceived to be no more than a problem needing some attention and courtesy. Since the fourth decade of the 20th Century, there have been influential actions and powerful movements towards broadening access to higher education through establishing universities and other higher education institutions. Despite the significance of higher education development as a necessary requirement for achieving comprehensive progress, the public expenditure on higher education has decreased in the past few years to reach unaccepted ratios which cannot suffice to achieve any kind of reform. However, due to the permanent budget deficit, it has become a necessity to out additional sources of funding besides rationalizing the public expenditure devoted to each institute. This report surveys in its first part on the legal education in Egypt and other Arab countries. The second and third part of this report discuss in further details the legislative, regulatory, and institutional framework on legal education in addition to the admission procedures. In part four, the report highlights the internal rules, regulations, and resources of the universities and law Schools including the assessment of the faculty member, student, institution, etc. Finally, the report will provide and offer some future proposals to enhance the qualification and the managerial system of legal education in Egypt and the Middle Eastern nation in the light of their revolutions, as they are designing their constitutions.
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Author Biographies
Mohamed A. Arafa, Dr., Alexandria University Faculty of Law, Egypt
Assistant Professor of Criminal Law and Criminal Justice at Alexandria University Faculty of Law (Egypt); Adjunct Professor of Law at Indiana University Robert H. McKinney School of Law (USA). Ph.D., Indiana University Robert H. McKinney School of Law (2013); LL.M., University of Connecticut School of Law (2008); LL.B., Alexandria University Faculty of Law (2006). Likewise, Professor ‘Arafa is a Visiting Professor of Business Law at the Arab Academy for Science, Technology, and Maritime Transport (“College of Business Management”). Moreover, Professor ‘Arafa is a Domestic Public Mediator under Alternative Dispute Resolution, Indiana Rule A.D.R. 25 (2012); and served as an Associate Trainee Attorney and Executive Attorney Assistant at ‘Arafa Law Firm (2007). Recently, he has been named to the editorial board of the United States-China Law Review as an “Honored Reviewer.” Of course, all errors remain the author’s.
Islam Attia, Egyptian Ministry of Foreign Affairs, Egypt
Diplomat at the Egyptian Ministry of Foreign Affairs. LL.B. and LL.M. (2011-2014), Alexandria University Faculty of Law
Ahmad K. Bastaweesy, Egyptian State Council, Egypt
Junior Judge at the Egyptian State Council. LL.B. and LL.M. (2011-2014), Alexandria University Faculty of Law
Hassan Salama, Egyptian State Council, Egypt
Junior Judge at the Egyptian State Council. LL.B. and LL.M. (2012-2014), Alexandria University Faculty of Law
References
See generally Anthony Robbins, UNLIMITED POWER: THE NEW SCIENCE OF PERSONAL ACHIEVEMENT (2003). (explaining the seven success traits that people who succeed have cultivated in themselves to give them the fire to do whatever it takes to succeed, time and time again) (“The 7 traits of successful people are: Passion, Belief, Strategy, Clarity of Values, Energy, Bonding of Power, and Mastery of Communication . . .”).
See generally Mohamed ‘Arafa, Towards a Culture for Accountability: A New Dawn for Egypt, 5 PHOENIX L. REV. 1 (2011) (discussing the causes of the January 25th Egyptian Uprising, its events, and proposing a new agenda for political, economic, social, and cultural transformation in Egypt). For further details on this point, see generally Amr Shalakany, ‘I Heard It All Before:’ Egyptian Tales of Law and Development, 27 THIRD WORLD QUARTERLY 5 (2006) (“This article provides a brutally condensed history of the Egyptian legal elite, tracing their rise to power following the introduction of legal reforms in the late 19th century, their fall in the 1950s, and the possibility of a renewed elite status based on ‘rule of law’ reforms introduced since the 1990s.”). Professor Shalakany argued that: (“‘rule of law’ [r]eforms had a considerable effect in raising the profile of Egyptian [legal] practitioners and empowering them as instrumental decision makers on multiple questions of public concern. In particular, . . . that the history of the Egyptian legal elite makes it very difficult to either embrace the rule of law as a panacea or dismiss it out of hand as a colonial ploy.”).
It should bear in mind that the total number of students enrolled in higher educational institutions has reached 2.1 million students in 2011-2012. See Ahmad H. Magehad, EDUCATION IN EGYPT-FACTS AND OPINIONS, [Periodic Arabic Report prepared by The Egyptian Cabinet, Information and Decision Support Centre] (Mar. 2013) [hereinafter EGYPT PERIODIC REPORT], at 3, http://www.idsc.gov.eg/Publications/PublicationDetails.aspx?typeid=4&id=327. See also THE WORLD BANK, Arab Republic of Egypt: Improving Quality, Equality, and Efficiency in the Education Sector MNSHD Human Development, DEPARTMENT MIDDLE EAST AND NORTH AFRICA REGION FOSTERING A COMPETENT GENERATION OF YOUTH, June 29, 2007 http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2008/06/26/000334955_20080626033032/Rendered/PDF/428630ESW0P08910gray0cover01PUBLIC1.pdf (last visited Jan. 20, 2015).
See Galal Abdelhamid, HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, THE STRATEGIC PLANNING UNIT (“SPU”)/MINISTRY OF HIGHER EDUCATION (“MOHE”), http://mhe-spu.org/site/uploads/resources/Higher_Education_in_Egypt_Country_Review_Report_English.pdf, at 27 (last retrieved Jan. 20, 2015). (“According to “The Education For All Monitoring Report 2008,” Egypt’s Gross Enrollment Rate in higher education (27.29%) is good compared with other Arab states (which averaged 21% in 2005) and developing countries in general (average GER of 17% in 2005). On the other hand, the average GER in developed countries was 66.1% in 2005, which shows the amount of work still required for Egypt to achieve similar rates.”).
Sara El-Sheekh and Sherif Tarek, Egypt’s Public School System: Failing All Tests, AHRAMONLINE, Sep. 30, 2013, http://english.ahram.org.eg/News/82499.aspx (last retrieved Jan. 20, 2015) (“Education workers and parents say public education needs efficient spending, improved facilities and fair wages to tackle long-standing problems. . . . Complaints are not limited to underpaid teachers and private tuition, but are also rife regarding poor facilities and the lack of investment in developing and refurbishing public schools. Ibn Khaldoun, considered to be an average public school, is testament to this state of affairs. Paint flakes off the walls and there is a broken window. Around twenty desks are placed in rows, each shared by up to four pupils in overcrowded classrooms. Some of the benches are broken, and there is barely enough room to pass between the desks. The school has thirty classrooms, all of which are in the same condition. There are up to 2,000 students, with some classes crammed with ninety pupils. . . . Egypt is ranked last out of 148 countries surveyed in the 2012-2013 Global Competitiveness Report, published by the World Economic Forum, for the quality of its primary education, falling behind many Arab, African, Asian and Western nations. . . . Estimated at 82.5 billion EGP ($11.9 billion), the 2013-2014 Egyptian education budget is equivalent to 4 percent of GDP, according to the Ministry of Finance. It surpasses the 2012-2013 budget by 15.9 billion EGP and comprises 11.9 percent of the 2013-2014 state budget, estimated at 692.4 billion EGP (around $100.4 billion).”).
Al-Azhar education, which places some emphasis on religious studies, is considered to be the world’s oldest university and prestigious institution in Islamic legal studies and religious sciences still operating as it was created by the Fatimid in 988 AD.
See generally Law No. 49 of 1972 on UNIVERSITIES REGULATION AND SUBSEQUENT AMENDMENTS & LAW NO. 12 OF 2009 ON PRIVATE AND INDIGENOUS UNIVERSITIES, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE] (Egypt).
According to the Egyptian de facto Constitution of 2012, education is free at its all stages, in all the educational institutions owned by the state. See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, Dec. 27, 2012, at art. 58 (Egypt), http://www.sis.gov.eg/newvr/theconistitution.pdf.
See EGYPT PERIODIC REPORT, supra note 6, at 7.
In this respect, “the State shall gradually implement its commitment to the allocation of the minimum government expenditure rates on education, higher education, health and scientific research that are stipulated in this Constitution as of the date that it comes into effect. It shall be fully committed to it in the State budget of the fiscal year 2016/2017. The state commits to providing compulsory education until the completion of the secondary stage in a gradual manner to be completed in school year 2016/2017.” See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT [EG], Jan. 18, 2014, Arts. 23 & 238, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf.
See El-Sheekh & Tarek, supra note 8.
Shalakany, supra note 5.
Id.
See generally Karim Y. Youssef, The Fall and Rise of Legal Education in Egypt, AL-AHRAM WEEKLY ONLINE, Feb. 10, 2005, http://weekly.ahram.org.eg/2005/729/eg7.htm (last visited Jan. 20, 2015) (“Today, Egyptian faculties of law, even the most prestigious such as at Cairo, Ain Shams and Alexandria University, no longer attract bright or elite students. Most law students are forced into legal studies by their low high school diploma scores. What has happened to the once "faculty of ministers," elites, and history-makers of Egypt? In the not too distant past, Egyptian law schools yielded judges of great integrity, pioneering law professors and lawyers occupying leading positions in the national and international legal field. Take for example Saad Zaghlul, judge and father of the 1919 civil revolution, Ibrahim Shihata, member of the General Council of the World Bank, M. Cherif Bassiouni, the mastermind behind the recently established International Criminal Court and Fouad Riad of the ICTY (International Criminal Tribunal for Former-Yugoslavia.”).
Id.
Id. (“University system overwhelmed with students naturally placed the majority of these thousands in non-scientific faculties where all that is needed to teach is a micro-phone and stadium-like- classroom. Hence, the faculties of law and commerce were direct victims. This disastrous admission policy is responsible for the "dark side" of Egyptian legal education. An immense student body leads to oversimplification of teaching, intellectual divorce between professor and students, outdated museum-like-libraries and memorise-recite-only exams. And since to grade the number of assignments produced by these numbers of students would require an army of professors, assignments are frequently graded by junior members of staff according to pre-supplied, standard-form answers!”).
Id. (“A policy of automatic admission to the bar with no further exams or special preparation--a system not found elsewhere in the world-- made advocacy "the profession of those who had no other profession."”).
Id.
Id.
Id. (“Students are forced into a large array of unnecessary courses, such as agricultural law, while essential courses like methodology and reasoning, and international contracts are marginal or nonexistent. Many of the most important currents of thought that have animated legal literature for the past century such as "law and economics" and "law and development" remain beyond the reach of students.”).
See Shalakany, supra note 5, at 842-845.
NAQAAE was established in Nov., 2007 by a Presidential Decree, in compliance with Law No.82 of 2006.
See id. Such an entity should be considered a model to be followed by establishing other institutions following its steps, and taking part in the process of education quality enhancement in law schools.
See generally LAW NO. 49 OF 1972, supra note 10, at art. 2.
(“The Ministry of Higher Education one of the state institutions entrusted with the construction of scientific and personal humanity to a broad cross-section of young people, both universities and higher institutes. The ministry in its quest to achieve its goals in building personal together a modern, integrated and able to perform its mission in the community and assume their responsibilities towards their homeland, invoking everything produced by the era of the potential scientific and technical capabilities. If our era is the era of information and communication is no doubt that the international information network (Internet) that the Web, which diverge and branch out to reach all parts of the world is one of the most important secretions of this era, which allows access to information from its source in the moments just a few, brief time, effort and money, and representative of what we can call it the largest bank in the world, participate in and benefit from the services of millions of people in the same time.”). See generally http://www.egy-mhe.gov.eg/en/private-universities.
See FACULTY OF LAW ALEXANDRIA UNIVERSITY STUDENT GUIDE (2013), at 19 (on file with authors).
Id.
Id.
Id. See also the ALEXANDRIA UNIVERSITY FACULTY OF LAW WEBSITE, http://www.law.alexu.edu.eg.
See THE INTERNAL REGULATION NO. 1302 OF FACULTY OF LAW ALEXANDRIA UNIVERSITY (1996), at 2-9, at art.1
Id. at art. 2.
See LAW NO. 17 OF 1983 ON LEGAL COUNSELS, (amended by THE ADVOCATES LAW AND EGYPT BAR ASSOCIATION LAW NO. 197 of 2008), http://www.ibanet.org/PPID/Constituent/Bar_Issues.../ITILS_Egypt.aspx, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE] (Egypt), at art. 13.
See JUDICIAL AUTHORITY LAW NO. 46 OF 1972, amended by LAW NO. 17 OF 2007, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE], 1975, at art. 38 (Egypt).
See THE ANNUAL REPORT OF THE FACULTY OF LAW ALEXANDRIA UNIVERSITY (2012), at 20 (on file with authors). Thus, the average of the entire departments and sections during the 2006-2010 is 4,255 students per year. Regarding the admitted students polls at Alexandria law school, it has been reported that around 2,434 students had been admitted between 2006 and 2010 in the regular section, 168 students in the ordinary external section, 281 in the English section, 38 in the French section and 1,333 in the external section.
See id., LAW NO. 49 OF 1972, supra note 10, at arts. 135 & 136.
Id. at art. 3.
Id. at art. 31.
Id. at art. 30.
Id. at art. 35. It should be noted that there are several law schools, thirteen (13) of them are public (Cairo, Alexandria, ‘Ain-Shams, Assuit, Tanta, Mansoura, Zakazeik, Minofyyaa(h), Bani-Sueiff, Banha, Helwan, South Vally, and Sadat). On the other hand, the private law schools are Legal Studies and International Relations at Pharaohs University and Faculty of Law and Political Science at Beirut Arab University. See generally THE EGYPTIAN SUPREME COUNCIL OF UNIVERSITIES, http://www.scu.eun.eg/scu=supremecouncilofuniversities & THE ALEXANDRIA UNIVERSITY INDEX, http://www.alexu.edu.eg/index.php/ar/.
Id. This act is complemented by the Acts No. 50/1972 and 1975, No. 40/1974, No. 112/1959, No. 100/1992 (and its explanatory memorandum, amended by the Acts No.70/1975, No. 82/ 2000, and No. 84/2012).
Act No. 12 of 2009 on Private and National Universities Act No. 12 of 2009, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE 9], Mar. 3, 2009 (Egypt); Act No. 82 of 2006 on Establishing the National Agency for Education Quality Assurance and Accreditation (“NAEQAA”), Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE 22], June 6, 2006 (Egypt), at http://www.egy-mhe.gov.eg/.
Id.
In this regard, it should be noted that Alexandria law school accepts in this educational program the following categories:
(a) Thanaweyaa(h) Ammaa(h) (High School) certificate or its equivalent holders since at least five (5) years;
(b) Higher Qualifications holders and university graduates, who must have been graduated from High School, and
(c) Foreign students with the same admission general conditions, through the legitimate channels and according to the followed procedures.
See id. at INDEX, supra note 42 & http://www.alexlaw.edu.eg/html.php?filnavn=shorot.htm. In this regard, it should be noted that teaching in the “English Language Unit” started by the Faculty council resolution in June 25, 1997 and August 11, 1997 for the “French Unit.” Article 1 of the aforementioned regulation provides that “the legal basis and establishment: the quality assurance unit in the faculty of law is established according to university council resolution number 26 in the year 2007, and the unit has been activated in July 2007. And this unit is considered an extension for the university performance evaluation unit, and is treated as an administratively independent unit affiliated to the faculty dean.”
See also http://law.asu.edu.eg/ & http://law.asu.edu.eg/article.php?action=show&id=7840 (The same rule has adopted a new regulation rule regarding postgraduate studies in 2012). In ‘Ain-Shams University law school, there exists the Ministerial Decree No. 830/1996 on internal regulations and in Banha University law school as well in July 2003. On these internal regulations, see generally http://gate.ahram.org.eg/News/246561.aspx; http://www.flaw.bu.edu.eg/; & http://www.flaw.bu.edu.eg/flaw/index.php/about-faculty/bylaw (last retrieved Jan. 20, 2013). Furthermore, the Lawyer Profession Egyptian Act No. 17 of 1983 and its amendments and Act No. 47 of 1973 and its amendments on Legal Departments in the Public Institutions, Public Agencies, and Their Affiliated Units plays fundamental role in that area. Also there is a set of acts related to the judiciary bodies such as the Supreme Constitutional Court Act No. 48 /1979, Act No. 46/1972 on the Judicial Authority, Act No. 47/1972 on the State Council, Act No. 117 /1958 on Reorganizing The Administrative Prosecution and The Disciplinary Trials in the Egyptian Territory, and the Act No. 75/1963 on Organizing State Cases Agency, http://www.ad.gov.eg/Legislative_Section/LawGeneralPost/ & http://www.ap.gov.eg/.
See id. LAW NO. 49 of 1972, supra note 10, at art. 3.
Id. at art. 137.
Id. at art. 139.
Id. at art. 140.
Id. at art. 141.
Id. at art. 197.
Id. at art. 66.
Id. at art. 67.
Id. at art. 68. Finally, Article 92(a) stipulates that “Diplomas are studies dealing with curriculums of practical or academic nature, and its duration is at least one year. And it is possible for the internal regulation rules of the faculties and institutes to include the establishment of one or two year period diplomas in various university faculties and institutes. . . .” Id. at art. 92. Hence, Article 4 of the internal regulation of Alexandria law school stipulates that “faculty council determines, after seeking the competent partition council opinion, the topics being taught in each curriculum” (on the bachelor of law curriculum). Article 6(bis) provides “it is possible through a faculty council resolution the establishment of a branch teaching the curriculum in a foreign language determined between the English and French languages” and “ the faculty council must determine at the beginning of each year the judicial practical subjects. . . .” , and “the study in each diploma includes, in addition to the specified curriculum shown in the previous tables, a general curriculum or more determined by the faculty council based on the competent partitions request. . . .” Id. at art. 17 & 18.
Id. See also MINISTERIAL DECREE NO. 830 /1996, at art. 16.
It should bear in mind that Pre-university education is governed by Law No. 139/198, (modified by Law No. 233/1988, Law No. 2/1994, and Law No. 23/1999). Article 4 of Law No. 139/198 indicates that “pre-university education includes nine years of mandatory basic education, divided into a six-year elementary stage and a three-year intermediate stage, and three years of secondary (high school) education.”
In this regard, it should be emphasized that students required filling out in the online application (form) through the following website http://www.tansik.egypt.gov.eg/application/.
See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 11.
Id. at 12.
Id. at 13.
Id.
Id.
Id.
A law school affiliated to Al-Azhar University is called the Faculty of Sharie‘a and Law. Three law schools are affiliated to Al-Azhar University. For further details, see http://www.azhar.edu.eg/pages/fac_boys.htm.
See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 20 (a chart indicating the development of the number of admitted students over the past seven years).
See LAW NO. 12 OF 2009 ON PRIVATE AND INDIGENOUS UNIVERSITIES, supra note 10, at art. 18.
Id.
Faculty of legal studies and international relations at Pharaohs University is the only private law school in Egypt till this moment. See generally http://www.pua.edu.eg.
The internal modes of education at Al-Azhar law schools include the open, internal, and external educational program modes but not entail “foreign languages sections.”
For example, Article 4 of the Bylaw of Foreign Language Education Unit at Alexandria Law provides “that each year, the law school council, upon the proposal of the board of directors of foreign language education unit, issues a decision determining the number of students to be admitted in English and French sections from the total number of students enrolled in the first grade.” For further details on this bylaw, see generally http://alexlaw.edu.eg/qua/book/lla.pdf (Arabic version).
Id. In March 2011, the SCU abolished the entesab mowagah (directed students program). However, in June 2012 the SCU decided to readopt this educational mode again.
Id. For example, Alexandria law school requires obtaining either the general high school certificate, Al-Azhar high school certificate or the vocational education certificate on condition of applying after three years of obtaining such a certificate. In addition, a student who obtains the bachelor degree is allowed to apply without stipulating passing a certain period of time. Also, Tanta law school requires obtaining either the general high school certificate or Al-Azhar high school certificate on condition of applying after five years of obtaining such a certificate.
See REGULATION DECREE NO. 809 of 1975, supra note 43, at art. 89. It should be noted that student enrolled in the external education program usually have the same lectures, curriculum, and exams of the regular students except for some courses which they are not entitled to attend. On the other hand, open education students have distinct curriculum, lectures, and exams.
See LAW NO. 58 OF 1937 (EGYPTIAN PENAL CODE) (reformed in 1952), Al-Jaridaa Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE], at arts 206-227. (Egypt).
See THE MINISTERIAL DECREE NO. 1302 of 1996, supra note 33, at art. 2.
Id. at art. 3
Id. at art. 4.
Id. at art. 12.
Id. at 2(a).
Id. at 9(b).
Id. at 13(c).
Id. at 40(d).
Id. at 47(e).
Id.
Id. at art. 6.
Id. at art. 7.
Id. at art. 4.
Id. at 45(3).
Id.
Id. at art. 7(f).
Id. at art. 7(i).
Id. at art. 7(ii).
Id. at 7(ii)(a)(b)(c).
Id. at art. 4.
“Each study year includes practical trainings for a period of 2 hours/week . . . .” Id., at art. 7. See also STUDENT GUIDE OF ALEXANDRIA UNIVERSITY LAW SCHOOL STUDENTS (2013), at 23 (chart 3 explains) (on file with authors).
Id. (chart 2 explains).
Id. at 24 (chart 1 explains). LL.B. degree, the all and the only courses required are as follows. In the first study year, courses are international organizations, history of law, Introduction to the study of law, criminology, Islamic law, constitutional law I, political economy, English or French language, and seminars. In the second year, courses are Islamic law, obligations I, administrative law, political economy, family law for non-Muslims, public international law, history of Egyptian law, criminal law I, obligations II, English language, and seminars. In the third year, courses are civil law, commercial law I, criminal law II, labour law and insurance, civil procedural law I, Islamic law, public finance and tax legislation, administrative law, legal studies in French or English language, nationality law, and seminars. In the fourth (final) year, courses are principles of Islamic doctrine, maritime and aviation laws, civil procedural law II, private international law, property law, commercial law II, law of criminal procedure, constitutional law II, and seminars. Therefore, it seems that there are no elective courses and that there is a number of required courses, set for each academic year, students must pass and get their LL.B. Id. at 24. In Alexandria law school, in 2013 academic year 2012-2013, the number of enrolment students were 2,982 students in the regular section, nine students in the external one, 203 students in the English section, thirty-one students in the French section, and 1,151 student in the directed external section. See THE ALEXANDRIA UNIVERSITY LAW SCHOOL ANNUAL Report (2012), at 22 (on file with authors).
Id.
Id. at http://alexlaw.edu.eg/qua/book/lmd.pdf. (explaining the internal regulation of the center).
The Centre was established by virtue of the university council resolution in Nov. 1986 for the purpose of offering legal and economical services. For example, the centre offers courses in drafting international contracts, arbitration skills, and contract’s translation. See generally http://www.alexlaw.edu.eg/html.php?filnavn=mdk.htm; http://www.alexlaw.edu.eg/modules.php?name=News&file=article&sid=1405; http://www.alexlaw.edu.eg/modules.php?name=News&file=article&sid=1326, & http://www.alexlaw.edu.eg/modules.php?name=News&file=article&sid=280
See ALEXANDRIA LAW SCHOOL ANNUAL REPORT, supra note 101, at 63 & 64.
About ninety of law graduates and undergraduates participated in the MICC model, either as a participant or instructor or organizer, after personal interviews which included more than one hundred applicants and this Model was held in English language. (Note, the author diplomat Mr. Islam Attia had participated in this program, http://micc2011.wordpress.com/).
In the year 2011-2012, the legal clinic has worked on various fronts, as working on curriculum development, the Arab Charter of Human and Child Rights (“ACHCR”), the judicial cases, briefs, memorandums, and the field visits. (Note, the author diplomat Mr. Islam Attia had participated in this program, http://www.alexlaw.edu.eg/html.php?filnavn=about3eyada.htm & http://www.elwatannews.com/news/details/356414).
Id.
As from the latest news, for example, the university is working on encouraging these programs with the European universities. It is worth saying that the European Union (“EU”) is offering scholarships programs and grants for joint research projects between the European side and the Egyptian side for the period 2014-2020. See generally http://www.elwatannews.com/news/details/356414
See generally http://au.alexu.edu.eg/Arabic/Research/News/Pages/default.aspx; http://au.alexu.edu.eg/Arabic/Research/News/Pages/aaw.aspx; http://cu.edu.eg/ar/R_projects; http://cu.edu.eg/ar/Scholarships; http://cu.edu.eg/ar/Cairo-University-ScholarShips-53.html; http://cu.edu.eg/ar/page.php?pg=contentFront/SubSectionData.php&SubSectionId=27; http://egypt.usembassy.gov/pa/pr071109.html; http://au.alexu.edu.eg/arabic/MediaCenter/News/Pages/s1.aspx, & http://au.alexu.edu.eg/Arabic/Research/News/Pages/azz.aspx. Also, is the presence of a chance for the university researchers to apply for the German Cultural Exchange Agency (“GCEA”) grants for enhancing researchers’ visits exchange programs.
Id.
Id.
Id.
Id.
Id.
See, e.g., id. (explaining the mission and the purposed of Alexandria law school, http://www.alexlaw.edu.eg/).
See generally ALEXANDRIA LAW SCHOOL ANNUAL REPORT, SUPRA NOTE 101.
Id.
Id. In practice, there are two types of courses; theoretical and practical skills ones. For the ordinary theoretical courses, it is seldom for the lecturer to ask students to write a paper. On the other hand, for practical skills courses, it is more likely for the faculty member to do so and in this case the student’s score in the paper will usually constitute the main base for his evaluation for the whole course.
Id. Thus, students have no role in selecting the supervisor of their research. The latter may define a number of topics for students to choose one or allow them to choose whatever topic they want as long as it is related to the main subject of the course.
However, students usually encounter lack of resources. For instance, the library may contain non- updated references or treatises. In addition, many law schools, only one computer laboratory provided with a limited number of computers is supposed to serve a student body composed of about 20,000 members.
However, it is possible to orally assess papers of students of English/French sections because of their relatively limited number.
The deterioration of quality of papers is attributed to the previously stated factors such as the tremendous number of students compared to the teaching staff, inability of checking papers for plagiarism, lack of educational resources especially research tools in addition to the fact that education process in law schools is based on how to memorize and recite in exams. See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 22 (chart 3.5 explains).
Mr. Attia (one of the authors) argued that “he had about forty courses. Unfortunately, only one course was not based on a textbook. Instead, collecting the curriculum of the course was the task of students through taking notes during lectures and then searching for the relevant information.”).
Regrettably, some professors do nothing but mention the information which already exists in the textbook without any additional examples or detailed demonstration. It is to be noted that the tremendous number of students totally hinder any active interaction between professor and students. Assume a classroom with about 2,000 students having a lecture. If 5% of them had questions to ask, maybe a whole day would not be enough to answer all of them.
See generally HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7.
Id.
See REGULATION DECREE NO. 809 of 1975, supra note 43, at art. 71.
Id. at art. 82.
Id. In practice, most professors usually prefer long essay questions. Many exams include three or four long essay questions with the need of about an hour to answer each one of them.
See THE GUIDEBOOK FOR NATIONAL ACADEMIC REFERENCE STANDARDS FOR LAW SCHOOLS (prepared by the NAQAAE), supra note 25, at 13 (on file with authors).
Id. However, as most exams include only memorize-recite questions, it is evident that they seldom assess any of these skills. Unfortunately, they only assess the students’ ability to memorize.
Id. (detailing the internal policy of Alexandria, Banha, and ‘Ain-Shmas law schools at arts. 7, 15, and 6).
Id.
Regrettably, these courses are usually turned into ordinary frontal lectures in which a lecturer does nothing but re-explaining the required textbook and the final exams for these seminars usually include theoretical questions which frequently adopt the long essay format.
See THE GUIDEBOOK FOR NATIONAL ACADEMIC REFERENCE STANDARDS FOR LAW SCHOOLS, supra note 130, at 12. However, alumni are rarely able to gain such skills as both regular legal courses and practical skills sessions are totally focusing on theoretical knowledge transmission.
See STUDENT GUIDE OF ALEXANDRIA UNIVERSITY LAW SCHOOL STUDENTS, supra notes 23 & 99, at 50, http://www.higheredsig.org/cihe/Number04-06.pdf & http://www.higheredsig.org/cihe/Number04-06.pdf. The massive number of students in law schools back to historical reason, at the time of the Ex-President Nasser when he made education free at all levels and expanded the focus to include science and technology, as a result there were targeted effort to increase the student enrolment rates, leading to focus on quantity rather than quality and this caused a decline in quality of education.
See generally Hassan Imam, ALEXANDRIA: MOSHEKLAT BIL-GOMLAA(H) [MAIN PROBLEMS], AL-AHRAM, Apr. 13, 2013, http://digital.ahram.org.eg/articles.aspx?Serial=1250516&eid=210 (last visited Jan. 20, 2015). Most libraries in the public universities do not have the necessary funds to update their collections or provide online resources, this is very paradoxical when you consider the fact that Egypt is home to the famous prestigious Alexandria Bibliotheca.
Id.
Id. Additionally, the university educational process depends on a way that permits students to apply an individual learning style in order to internalize and obtain deeper learning, via online courses, tutorials, office hours, laboratories, library, and synchronized distant lectures.
See STUDENT GUIDE OF ALEXANDRIA UNIVERSITY LAW SCHOOL STUDENTS, supra note 99, at 55 &56. The new Egyptian Constitution of 2013 provides «Teachers, university professors, and their assistants are the main pillar of education. The State guarantees the development of their academic competencies and professional skills, and care for thier financial and moral rights in order to ensure the quality of education and achieve its objectives and “The State grants the freedom of scientific research and encourages its institutions as a means to achieving national sovereignty, and building a knowledge economy. The State sponsors researchers and inventors, and allocates a percentage of government expenditures that is no less than 1% of Gross National Product to scientific research. It will gradually increase until it reaches global rates. The State commits to provide effective means of contribution for the private and public sectors and the contribution of expatriate Egyptians to the development of scientific research.” See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, Jan., 2013, supra note 13, at arts. 22 & 23 (Egypt).
They use their free time to teach at private universities or to take high-paying consultancies and therefore have no or minimal time in which to do real academic research, http://portal.unesco.org/education/es/files/51625/11634283495Springuel-EN.pdf/Springuel-EN.pdf.
Recently, the government began to encourage the governmental universities to increase their income resources beside their limited income coming from the scholastic charges paid by the students, beside that the estimation affirms that public universities become able to cover about10% from their resources through the income obtained by the self-resources such as foreign language departments and the system of opened education.
See generally LAW NO. 49 OF 1972, supra note 10, at art.
See ALEXANDRIA LAW SCHOOL ANNUAL REPORT, supra note 101, at 4.
Id. at 56 & 57.
Id.
Id. This appeal will be achieved according to the modern electronic system begins by going to the office of student affairs to take a card involving a serial number, this card expires by using it for the appeal ,this serial number is written at the website of the faculty designated for that purpose, and then the student selects the grade(s) he or she wants to be reconsidered, the student should retain this card until the result of the appeal is declared, but the appeal is limited to reconsidering the physical mistakes only.
Id.
Id. In 2013, at the Spring semester final exams, there was neurotic delivering the pamphlets of the model answer to eight (8) students inside the examination room at Alexandria law school. The proctors discovered that two of the staff in the school delivers the responses to the students in the exam room, the students had been caught before exchanging these pamphlets with others which were with them, the staff and students were referred to the public prosecution for investigating and revealing the circumstances of this crime. In this regard, the dean declared that the pamphlets of those students for the previous three years will be reviewed to make sure that this crime had not been committed during the previous years, so the law school’s administration fights cheating and plagiarism with strict measures and disciplinary penalties.
The appointment of the teaching assistants is after a declaration about vacancies. See generally LAW NO. 49 OF 1972, supra note 10, at arts. 2, 133, 135, 136, 66, 139, 121, 123, 69, 70, & 198. To appoint a teaching assistant, he (or she) must be reputable, obtained a general grade of "very good" at least in his or her first law degree, and must have obtained a grade of "good" at least at the hypertext specialization or its substitute. To appoint an assistant lecturer or assistant professor, he (or she) must have obtained the master degree or two diplomas of graduate studies to be qualified for the doctoral program and no declaration needed for appointment. To appoint a full-time faculty member, he (or she) must have obtained a doctoral degree or its substitute from one of the Egyptian universities at specific area of interest or must have obtained it from a foreign university or a scientific institution which is considered equivalent and accredited by the SCU, and reputable. The emeritus professor (reaching the retirement age) is appointed personally at the same school or institute until reaching seventy (70) years old and part-time professors can be appointed by a decision from the university President. To be appointed as an associate professor, the candidate must have a good record of publications or made an excellent constructive work. The same conditions are required for the appointment at the tenured level. Faculty members required to present an annual report about their scientific and academic accomplishments.
See ALEXANDRIA LAW SCHOOL ANNUAL REPORT, supra note 101, at 46.
See LAW NO. 112 OF 1959, supra note 43, at arts. 1 & 2.
Id., at arts. 105, 106, 107, & 110. The faculty member referred to investigation must be notified with the statement charge (indictment) and a copy of the investigation report and disciplinary sanctions will be implemented in case of conviction (keeping the pension or the reward or the deprivation of one of them pension to the quarter amount).
See generally websites of those projects at http://qaap.net/heep.htm.
See generally LAW NO. 82/2006 and its (executive regulation), supra note 43.
See generally PRESIDENTIAL DECREE (in compliance with Law No. 82 of 2006), supra note 25, http://en.naqaae.eg/index.php/services/accreditation.
Id.
Id.
See generally THE GUIDEBOOK FOR NATIONAL ACADEMIC REFERENCE STANDARDS FOR LAW SCHOOLS, supra note 130, http://www.naqaae.eg/booklibrary.html?task=view&id=44&catid=115 (last visited Jan. 20, 2015).
See generally THE GUIDEBOOK FOR THE ACCREDITATION OF HIGHER EDUCATION INSTITUTION, http://www.naqaae.eg/booklibrary.html?task=view&id=11&catid=96 (last retrieved Jan. 20, 2015) (on file with authors).
Id. at 31. See also THE EXECUTIVE BYLAW (issued by) THE PRESIDENTIAL DECREE NO. 25/2007, at art. 5
Id. at art. 25.
Id. at art. 6.
See id., LAW NO. 82 OF 2006 (and its executive regulation), supra note 25, at art. 6(e).
Id.
Id. at THE GUIDEBOOK FOR ACCREDITATION OF HIGHER EDUCATION INSTITUTION, supra note 161, at 45.
Id. at art. 9 & 23 & art. 15 (the executive bill No. 25/2007), supra note 162.
Id.
See generally PRESIDENTIAL DECREE (in compliance with Law No. 82 of 2006), supra note 25, http://en.naqaae.eg/index.php/services/accreditation.
Id. at art. 10.
Id. at the EXECUTIVE BYLAW NO. 25/2007, at art. 6(h).
Id. at LAW NO. 82 /2006, at art. 12.
See THE GUIDEBOOK FOR ACCREDITATION OF HIGHER EDUCATION INSTITUTIONS, supra note 161, at 54.
Id. at THE EXECUTIVE BYLAW NO. 25/2007, at art. 6(h).
Id. at art. 7.
Id. at art. 8. The accreditation certificate is renewed by the previously mentioned procedures required for applying for the first time. The application for renewing the accreditation certificate has to be submitted within the first month of the last year of the validity period of the certificate.
See generally THE GUIDEBOOK FOR ACCREDITATION OF HIGHER EDUCATION INSTITUTIONS, supra note 16.
Id. Actually, Mr. Bastwaeesy (one of the contributors to this report) witnessed one of the site visits by the reviewers committee for evaluating Alexandria law school for accreditation. The committee held a session, which was not allowed for the faculty members to attend, for hearing the students’ opinions about all the evaluation aspects. All the attending students clarified several shortcomings of the educational process in their law school. The reviewers committee listened carefully for the students bitterly criticizing the faculty members, complaining of the teaching methods and lack of facilities.
See generally LAW NO. 49 OF 1972, supra note 10, at art. 13(bis).
Id. This report is discussed by the law school council which is the governing body of the whole institution in order to be later submitted to the SCU. See REGULATION DECREE NO. 809 OF 1975, supra note 43, at art. 34(6). However, it is to be mentioned that this kind of evaluation cannot be considered sufficiently effective as it is based on some sort of routine reports without site visits and real assessment of all aspects of educational process. Hence, it rarely results in decisive measures regarding redressing shortcomings.
Id. at LAW NO. 82 OF 2006, at art. 5.
See, e.g., THE QUALITY ASSURANCE UNIT AT ALEXANDRIA LAW SCHOOL, http://alexlaw.edu.eg/qua/ (last visited Jan. 20, 2015).
Id.
Id.
And even if such a plan exists, it may be totally or partially ignored by the Minister of Higher Education and those who are supposed to be responsible for implementation.
Article 214 of the de facto 2012 Constitution provides for the establishment of the national council of education and scientific research which is responsible for preparing a national strategy for all sorts and phases of education, supervising implementing such strategy, and determining the national standards for the quality of education and scientific research. See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, supra note 11, at art. 214. However, the new Constitutional Charter of 2014 has abolished this provision; it is permitted for the Parliament to establish such a council.
It should be noted that the Egyptian Cabinet, Information and Decision Support Centre (“IDSC”) conducted a survey in February 2009 aimed at measuring faculty member’s opinion. The results showed that 91.9% of the faculty indicated that the most crucial obstacle facing higher education in Egypt is the absence of an obvious strategic plan and lack of clear policies and standards. For further details, see generally THE NATIONAL HIGHER EDUCATION STATISTICS PORTAL, MINISTRY OF HIGHER EDUCATION, http://www.higheducation.idsc.gov.eg/Front/en/suggestions.aspx?goal_id=8 (last retrieved Jan. 20, 2013).
See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 22 (chart 3.5 showing the ratio of faculty members to students in social sciences faculties).
Id.
Cairo University, which is one of the most prestigious universities in the Middle Eastern region and the second university to be established in Egypt after Al-Azhar University, was firstly established as an indigenous one in 1908.
In this regard, the Prophet Mohammed (PBUH) told ‘Ummar Ibn Al-Khattab (“[t]ie up the property and devote the usufruct to human beings.”). See William F. Fretcher, Islamic Wakf, 36 MO. L. REV. 2, at 153-155 (1971), http://scholarship.law.missouri.edu/mlr/vol36/iss2/1 (“The institution of wakf rests upon the Shari‘a, the religious law of Islam.”). Waqf is an inalienable religious endowment in Islamic law, typically donating a building or plot of land or even cash for Muslim religious or charitable purposes. According to Hanafi School of law, waqf “is one of the most eminent Islamic jurists, is the detention of specific thing in the ownership of wakf and the devoting of its profit or products "in charity of the poor or other good objects." The beneficiaries of the waqf can be persons and public utilities and the founder can specify which persons are eligible for benefit (such the founder’s family, entire community, only the poor, travellers). Public utilities such as mosques, schools, universities, bridges, graveyards and drinking fountains, can be the beneficiaries of a waqf.”). See generally RAMADAN ‘ALI AL-SHORONBASY, AHKAM AL-WASYIA WA AL-WAQF FI AL-SHARIE‘A AL-ISLAMIA [THE GENERAL PRINCIPLES OF THE WILLS, TRUSTS, AND ESTATES IN ISLAMIC SHARIE‘A] (2005/Arabic Source).
See generally LAW NO. 12 OF 2009 ON PRIVATE AND INDIGENOUS UNIVERSITIES, supra note 10. However, there are only three indigenous universities in Egypt. After issuing this law, only three existing universities applied to be converted to non-profitable indigenous universities. In January 2011, the SCU approved their applications. See Mohammad Habib, TAHWEEL GAM‘AAT EL-NIL WA AL-FRINSIYYAA(H) WA AL-MISSRYAA(H) ILAA(H) GAM‘AAT AHLIYAA(H) [CONVERSION OF EL-NIL, FRENCH , AND EGYPTIAN UNIVERSITIES TO ENDOWMENT UNIVERSITIES], AL-AHRAM, Jan. 22, 2011, http://digital.ahram.org.eg/articles.aspx?Serial=417642&eid=1308 (last visited Jan. 20, 2015). However, the unstable political situation upon the January 25 uprising hindered the accomplishment of required procedures.
See generally Ann Van Wynen Thomas, Note on the Origin of Uses and Trusts-Waqfs, 3 Sw. L. J. 162 (1949), at 164-65. (“Charitable endowments may be formed with particular conservation purposes.”) (“In other words, waqf means the permanent dedication by a Muslim of any property for any purpose recognized by the Muslim law as religious, pious or charitable. It allows private contribution to public good as it is not subject to transactions and endowment’s yield is devoted to the needy people. Most of the Islamic waqfs are subject to the similar principles and norms and Muslim scholars argued about its details that may reflect on the way of its roles (functions).”). See generally AL-SHORONBASY, supra note 192.
See id., at EGYPT CONSTITUTION OF 2014, supra note 13, at arts. 21 & 238.
See LAW NO. 17 OF 1983 ON LEGAL COUNSELS, (amended by the Advocates Law and Egypt Bar Association), supra note 35, at art. 13 (explaining the requirements to join the Egyptian Bar Association).
Id.
Previously, the appointment of the law school’s dean or (associate or vice deans upon proposal of the school dean) was by virtue of a decree issued by the university President. The law did not provide for any further restrictions or requirements pertaining to the appointment. However, after Egypt Uprisings, Law No. 84 of 2012 provides that “the three posts of the university President, the dean, and the department’s chair shall be held by virtue of a decree issued by the competent authority according to the result of an electoral process.” In turn, the SCU has issued another decree detailing the requirements and procedures of such elections. See generally LAW NO. 84 OF 2012, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE], June 14, 2012 (Egypt).
Depending on the fact that most courses are theoretical ones and that most exams are memorize-recite ones, frequently adopting long essay questions, a high percentage of students in law schools resort to private tutors who are considered an easy way to pass the final exams as their main role is to abbreviate the (important) topics and legal theories of the textbook assigned in each course to help students in achieving their task of memorizing without arguing much easier. It is to be mentioned that those students usually find it useless to attend classes as they already have the alternative.
An obvious example of the ineffective self-evaluation recently realized, is that the annual report of Alexandria University Law School of 2012 was published in 70 pages including only four problems of the legal educational process mentioned in general and without any detailed suggestions or proposals (recommendations by faculty members, staff, and students) to taken into account and deal with.
WILLIAM BUTLER YEATS. BRAINYQUOTE.COM, XPLORE INC, 2014, at http://www.brainyquote.com/quotes/quotes/w/williambut101244.html (last accessed Jan. 29, 2015).
Website Estonica - created by the Estonian Institute and supplemented them online edition of Estonia -http://www.estonica.org/ru/Общество/Некоммерческий_сектор_Эстонии:_краткий_обзор/Сегодняшний_день/
Register of Estonian companies - http://www2.rik.ee/rikstatfailid/failid/tabel.php?url=14_01mk.htm
the official web site of Estonian statistic - http://www.stat.ee/ppe-46953
Network of Estonian Nonprofit Organizations, NENO (or EMSL in Estonian) - http://www.ngo.ee/ngo/210/article/8149
Network of Estonian Nonprofit Organizations, NENO (or EMSL in Estonian) official website, “Explorer for a year in volunteer activities of the population” - http://www.ngo.ee/ngo/210/article/8149
Network of Estonian Nonprofit Organizations, NENO (or EMSL in Estonian) official website,” - http://www.ngo.ee/
official web page of Ministry of the Interior of the Republic of Estonia http://www.sisemin.gov.ee/atp/index.php?id=5637
official web page of Youth Association "Open Republic" - http://www.or.ee/1082
The official web page of the Integration and Migration Foundation Our People (MISA) - http://www.meis.ee/rus-avaleht
Official web page of the project "Let's do it 2009" - http://www.darom09.lt/
Website Estonica - created by the Estonian Institute and supplemented them online edition of Estonia -http://www.estonica.org/ru/Общество/Некоммерческий_сектор_Эстонии:_краткий_обзор/Сегодняшний_день/
Website Estonica - created by the Estonian Institute and supplemented them online edition of Estonia -http://www.estonica.org/ru/Общество/Некоммерческий_сектор_Эстонии:_краткий_обзор/Сегодняшний_день/
Estonian Civil Society Development Concept. – URL: http://www.ngo.ee/node/1090
See generally Mohamed ‘Arafa, Towards a Culture for Accountability: A New Dawn for Egypt, 5 PHOENIX L. REV. 1 (2011) (discussing the causes of the January 25th Egyptian Uprising, its events, and proposing a new agenda for political, economic, social, and cultural transformation in Egypt). For further details on this point, see generally Amr Shalakany, ‘I Heard It All Before:’ Egyptian Tales of Law and Development, 27 THIRD WORLD QUARTERLY 5 (2006) (“This article provides a brutally condensed history of the Egyptian legal elite, tracing their rise to power following the introduction of legal reforms in the late 19th century, their fall in the 1950s, and the possibility of a renewed elite status based on ‘rule of law’ reforms introduced since the 1990s.”). Professor Shalakany argued that: (“‘rule of law’ [r]eforms had a considerable effect in raising the profile of Egyptian [legal] practitioners and empowering them as instrumental decision makers on multiple questions of public concern. In particular, . . . that the history of the Egyptian legal elite makes it very difficult to either embrace the rule of law as a panacea or dismiss it out of hand as a colonial ploy.”).
It should bear in mind that the total number of students enrolled in higher educational institutions has reached 2.1 million students in 2011-2012. See Ahmad H. Magehad, EDUCATION IN EGYPT-FACTS AND OPINIONS, [Periodic Arabic Report prepared by The Egyptian Cabinet, Information and Decision Support Centre] (Mar. 2013) [hereinafter EGYPT PERIODIC REPORT], at 3, http://www.idsc.gov.eg/Publications/PublicationDetails.aspx?typeid=4&id=327. See also THE WORLD BANK, Arab Republic of Egypt: Improving Quality, Equality, and Efficiency in the Education Sector MNSHD Human Development, DEPARTMENT MIDDLE EAST AND NORTH AFRICA REGION FOSTERING A COMPETENT GENERATION OF YOUTH, June 29, 2007 http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2008/06/26/000334955_20080626033032/Rendered/PDF/428630ESW0P08910gray0cover01PUBLIC1.pdf (last visited Jan. 20, 2015).
See Galal Abdelhamid, HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, THE STRATEGIC PLANNING UNIT (“SPU”)/MINISTRY OF HIGHER EDUCATION (“MOHE”), http://mhe-spu.org/site/uploads/resources/Higher_Education_in_Egypt_Country_Review_Report_English.pdf, at 27 (last retrieved Jan. 20, 2015). (“According to “The Education For All Monitoring Report 2008,” Egypt’s Gross Enrollment Rate in higher education (27.29%) is good compared with other Arab states (which averaged 21% in 2005) and developing countries in general (average GER of 17% in 2005). On the other hand, the average GER in developed countries was 66.1% in 2005, which shows the amount of work still required for Egypt to achieve similar rates.”).
Sara El-Sheekh and Sherif Tarek, Egypt’s Public School System: Failing All Tests, AHRAMONLINE, Sep. 30, 2013, http://english.ahram.org.eg/News/82499.aspx (last retrieved Jan. 20, 2015) (“Education workers and parents say public education needs efficient spending, improved facilities and fair wages to tackle long-standing problems. . . . Complaints are not limited to underpaid teachers and private tuition, but are also rife regarding poor facilities and the lack of investment in developing and refurbishing public schools. Ibn Khaldoun, considered to be an average public school, is testament to this state of affairs. Paint flakes off the walls and there is a broken window. Around twenty desks are placed in rows, each shared by up to four pupils in overcrowded classrooms. Some of the benches are broken, and there is barely enough room to pass between the desks. The school has thirty classrooms, all of which are in the same condition. There are up to 2,000 students, with some classes crammed with ninety pupils. . . . Egypt is ranked last out of 148 countries surveyed in the 2012-2013 Global Competitiveness Report, published by the World Economic Forum, for the quality of its primary education, falling behind many Arab, African, Asian and Western nations. . . . Estimated at 82.5 billion EGP ($11.9 billion), the 2013-2014 Egyptian education budget is equivalent to 4 percent of GDP, according to the Ministry of Finance. It surpasses the 2012-2013 budget by 15.9 billion EGP and comprises 11.9 percent of the 2013-2014 state budget, estimated at 692.4 billion EGP (around $100.4 billion).”).
Al-Azhar education, which places some emphasis on religious studies, is considered to be the world’s oldest university and prestigious institution in Islamic legal studies and religious sciences still operating as it was created by the Fatimid in 988 AD.
See generally Law No. 49 of 1972 on UNIVERSITIES REGULATION AND SUBSEQUENT AMENDMENTS & LAW NO. 12 OF 2009 ON PRIVATE AND INDIGENOUS UNIVERSITIES, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE] (Egypt).
According to the Egyptian de facto Constitution of 2012, education is free at its all stages, in all the educational institutions owned by the state. See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, Dec. 27, 2012, at art. 58 (Egypt), http://www.sis.gov.eg/newvr/theconistitution.pdf.
See EGYPT PERIODIC REPORT, supra note 6, at 7.
In this respect, “the State shall gradually implement its commitment to the allocation of the minimum government expenditure rates on education, higher education, health and scientific research that are stipulated in this Constitution as of the date that it comes into effect. It shall be fully committed to it in the State budget of the fiscal year 2016/2017. The state commits to providing compulsory education until the completion of the secondary stage in a gradual manner to be completed in school year 2016/2017.” See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT [EG], Jan. 18, 2014, Arts. 23 & 238, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf.
See El-Sheekh & Tarek, supra note 8.
Shalakany, supra note 5.
Id.
See generally Karim Y. Youssef, The Fall and Rise of Legal Education in Egypt, AL-AHRAM WEEKLY ONLINE, Feb. 10, 2005, http://weekly.ahram.org.eg/2005/729/eg7.htm (last visited Jan. 20, 2015) (“Today, Egyptian faculties of law, even the most prestigious such as at Cairo, Ain Shams and Alexandria University, no longer attract bright or elite students. Most law students are forced into legal studies by their low high school diploma scores. What has happened to the once "faculty of ministers," elites, and history-makers of Egypt? In the not too distant past, Egyptian law schools yielded judges of great integrity, pioneering law professors and lawyers occupying leading positions in the national and international legal field. Take for example Saad Zaghlul, judge and father of the 1919 civil revolution, Ibrahim Shihata, member of the General Council of the World Bank, M. Cherif Bassiouni, the mastermind behind the recently established International Criminal Court and Fouad Riad of the ICTY (International Criminal Tribunal for Former-Yugoslavia.”).
Id.
Id. (“University system overwhelmed with students naturally placed the majority of these thousands in non-scientific faculties where all that is needed to teach is a micro-phone and stadium-like- classroom. Hence, the faculties of law and commerce were direct victims. This disastrous admission policy is responsible for the "dark side" of Egyptian legal education. An immense student body leads to oversimplification of teaching, intellectual divorce between professor and students, outdated museum-like-libraries and memorise-recite-only exams. And since to grade the number of assignments produced by these numbers of students would require an army of professors, assignments are frequently graded by junior members of staff according to pre-supplied, standard-form answers!”).
Id. (“A policy of automatic admission to the bar with no further exams or special preparation--a system not found elsewhere in the world-- made advocacy "the profession of those who had no other profession."”).
Id.
Id.
Id. (“Students are forced into a large array of unnecessary courses, such as agricultural law, while essential courses like methodology and reasoning, and international contracts are marginal or nonexistent. Many of the most important currents of thought that have animated legal literature for the past century such as "law and economics" and "law and development" remain beyond the reach of students.”).
See Shalakany, supra note 5, at 842-845.
NAQAAE was established in Nov., 2007 by a Presidential Decree, in compliance with Law No.82 of 2006.
See id. Such an entity should be considered a model to be followed by establishing other institutions following its steps, and taking part in the process of education quality enhancement in law schools.
See generally LAW NO. 49 OF 1972, supra note 10, at art. 2.
(“The Ministry of Higher Education one of the state institutions entrusted with the construction of scientific and personal humanity to a broad cross-section of young people, both universities and higher institutes. The ministry in its quest to achieve its goals in building personal together a modern, integrated and able to perform its mission in the community and assume their responsibilities towards their homeland, invoking everything produced by the era of the potential scientific and technical capabilities. If our era is the era of information and communication is no doubt that the international information network (Internet) that the Web, which diverge and branch out to reach all parts of the world is one of the most important secretions of this era, which allows access to information from its source in the moments just a few, brief time, effort and money, and representative of what we can call it the largest bank in the world, participate in and benefit from the services of millions of people in the same time.”). See generally http://www.egy-mhe.gov.eg/en/private-universities.
See FACULTY OF LAW ALEXANDRIA UNIVERSITY STUDENT GUIDE (2013), at 19 (on file with authors).
Id.
Id.
Id. See also the ALEXANDRIA UNIVERSITY FACULTY OF LAW WEBSITE, http://www.law.alexu.edu.eg.
See THE INTERNAL REGULATION NO. 1302 OF FACULTY OF LAW ALEXANDRIA UNIVERSITY (1996), at 2-9, at art.1
Id. at art. 2.
See LAW NO. 17 OF 1983 ON LEGAL COUNSELS, (amended by THE ADVOCATES LAW AND EGYPT BAR ASSOCIATION LAW NO. 197 of 2008), http://www.ibanet.org/PPID/Constituent/Bar_Issues.../ITILS_Egypt.aspx, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE] (Egypt), at art. 13.
See JUDICIAL AUTHORITY LAW NO. 46 OF 1972, amended by LAW NO. 17 OF 2007, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE], 1975, at art. 38 (Egypt).
See THE ANNUAL REPORT OF THE FACULTY OF LAW ALEXANDRIA UNIVERSITY (2012), at 20 (on file with authors). Thus, the average of the entire departments and sections during the 2006-2010 is 4,255 students per year. Regarding the admitted students polls at Alexandria law school, it has been reported that around 2,434 students had been admitted between 2006 and 2010 in the regular section, 168 students in the ordinary external section, 281 in the English section, 38 in the French section and 1,333 in the external section.
See id., LAW NO. 49 OF 1972, supra note 10, at arts. 135 & 136.
Id. at art. 3.
Id. at art. 31.
Id. at art. 30.
Id. at art. 35. It should be noted that there are several law schools, thirteen (13) of them are public (Cairo, Alexandria, ‘Ain-Shams, Assuit, Tanta, Mansoura, Zakazeik, Minofyyaa(h), Bani-Sueiff, Banha, Helwan, South Vally, and Sadat). On the other hand, the private law schools are Legal Studies and International Relations at Pharaohs University and Faculty of Law and Political Science at Beirut Arab University. See generally THE EGYPTIAN SUPREME COUNCIL OF UNIVERSITIES, http://www.scu.eun.eg/scu=supremecouncilofuniversities & THE ALEXANDRIA UNIVERSITY INDEX, http://www.alexu.edu.eg/index.php/ar/.
Id. This act is complemented by the Acts No. 50/1972 and 1975, No. 40/1974, No. 112/1959, No. 100/1992 (and its explanatory memorandum, amended by the Acts No.70/1975, No. 82/ 2000, and No. 84/2012).
Act No. 12 of 2009 on Private and National Universities Act No. 12 of 2009, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE 9], Mar. 3, 2009 (Egypt); Act No. 82 of 2006 on Establishing the National Agency for Education Quality Assurance and Accreditation (“NAEQAA”), Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE 22], June 6, 2006 (Egypt), at http://www.egy-mhe.gov.eg/.
Id.
In this regard, it should be noted that Alexandria law school accepts in this educational program the following categories:
(a) Thanaweyaa(h) Ammaa(h) (High School) certificate or its equivalent holders since at least five (5) years;
(b) Higher Qualifications holders and university graduates, who must have been graduated from High School, and
(c) Foreign students with the same admission general conditions, through the legitimate channels and according to the followed procedures.
See id. at INDEX, supra note 42 & http://www.alexlaw.edu.eg/html.php?filnavn=shorot.htm. In this regard, it should be noted that teaching in the “English Language Unit” started by the Faculty council resolution in June 25, 1997 and August 11, 1997 for the “French Unit.” Article 1 of the aforementioned regulation provides that “the legal basis and establishment: the quality assurance unit in the faculty of law is established according to university council resolution number 26 in the year 2007, and the unit has been activated in July 2007. And this unit is considered an extension for the university performance evaluation unit, and is treated as an administratively independent unit affiliated to the faculty dean.”
See also http://law.asu.edu.eg/ & http://law.asu.edu.eg/article.php?action=show&id=7840 (The same rule has adopted a new regulation rule regarding postgraduate studies in 2012). In ‘Ain-Shams University law school, there exists the Ministerial Decree No. 830/1996 on internal regulations and in Banha University law school as well in July 2003. On these internal regulations, see generally http://gate.ahram.org.eg/News/246561.aspx; http://www.flaw.bu.edu.eg/; & http://www.flaw.bu.edu.eg/flaw/index.php/about-faculty/bylaw (last retrieved Jan. 20, 2013). Furthermore, the Lawyer Profession Egyptian Act No. 17 of 1983 and its amendments and Act No. 47 of 1973 and its amendments on Legal Departments in the Public Institutions, Public Agencies, and Their Affiliated Units plays fundamental role in that area. Also there is a set of acts related to the judiciary bodies such as the Supreme Constitutional Court Act No. 48 /1979, Act No. 46/1972 on the Judicial Authority, Act No. 47/1972 on the State Council, Act No. 117 /1958 on Reorganizing The Administrative Prosecution and The Disciplinary Trials in the Egyptian Territory, and the Act No. 75/1963 on Organizing State Cases Agency, http://www.ad.gov.eg/Legislative_Section/LawGeneralPost/ & http://www.ap.gov.eg/.
See id. LAW NO. 49 of 1972, supra note 10, at art. 3.
Id. at art. 137.
Id. at art. 139.
Id. at art. 140.
Id. at art. 141.
Id. at art. 197.
Id. at art. 66.
Id. at art. 67.
Id. at art. 68. Finally, Article 92(a) stipulates that “Diplomas are studies dealing with curriculums of practical or academic nature, and its duration is at least one year. And it is possible for the internal regulation rules of the faculties and institutes to include the establishment of one or two year period diplomas in various university faculties and institutes. . . .” Id. at art. 92. Hence, Article 4 of the internal regulation of Alexandria law school stipulates that “faculty council determines, after seeking the competent partition council opinion, the topics being taught in each curriculum” (on the bachelor of law curriculum). Article 6(bis) provides “it is possible through a faculty council resolution the establishment of a branch teaching the curriculum in a foreign language determined between the English and French languages” and “ the faculty council must determine at the beginning of each year the judicial practical subjects. . . .” , and “the study in each diploma includes, in addition to the specified curriculum shown in the previous tables, a general curriculum or more determined by the faculty council based on the competent partitions request. . . .” Id. at art. 17 & 18.
Id. See also MINISTERIAL DECREE NO. 830 /1996, at art. 16.
It should bear in mind that Pre-university education is governed by Law No. 139/198, (modified by Law No. 233/1988, Law No. 2/1994, and Law No. 23/1999). Article 4 of Law No. 139/198 indicates that “pre-university education includes nine years of mandatory basic education, divided into a six-year elementary stage and a three-year intermediate stage, and three years of secondary (high school) education.”
In this regard, it should be emphasized that students required filling out in the online application (form) through the following website http://www.tansik.egypt.gov.eg/application/.
See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 11.
Id. at 12.
Id. at 13.
Id.
Id.
Id.
A law school affiliated to Al-Azhar University is called the Faculty of Sharie‘a and Law. Three law schools are affiliated to Al-Azhar University. For further details, see http://www.azhar.edu.eg/pages/fac_boys.htm.
See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 20 (a chart indicating the development of the number of admitted students over the past seven years).
See LAW NO. 12 OF 2009 ON PRIVATE AND INDIGENOUS UNIVERSITIES, supra note 10, at art. 18.
Id.
Faculty of legal studies and international relations at Pharaohs University is the only private law school in Egypt till this moment. See generally http://www.pua.edu.eg.
The internal modes of education at Al-Azhar law schools include the open, internal, and external educational program modes but not entail “foreign languages sections.”
For example, Article 4 of the Bylaw of Foreign Language Education Unit at Alexandria Law provides “that each year, the law school council, upon the proposal of the board of directors of foreign language education unit, issues a decision determining the number of students to be admitted in English and French sections from the total number of students enrolled in the first grade.” For further details on this bylaw, see generally http://alexlaw.edu.eg/qua/book/lla.pdf (Arabic version).
Id. In March 2011, the SCU abolished the entesab mowagah (directed students program). However, in June 2012 the SCU decided to readopt this educational mode again.
Id. For example, Alexandria law school requires obtaining either the general high school certificate, Al-Azhar high school certificate or the vocational education certificate on condition of applying after three years of obtaining such a certificate. In addition, a student who obtains the bachelor degree is allowed to apply without stipulating passing a certain period of time. Also, Tanta law school requires obtaining either the general high school certificate or Al-Azhar high school certificate on condition of applying after five years of obtaining such a certificate.
See REGULATION DECREE NO. 809 of 1975, supra note 43, at art. 89. It should be noted that student enrolled in the external education program usually have the same lectures, curriculum, and exams of the regular students except for some courses which they are not entitled to attend. On the other hand, open education students have distinct curriculum, lectures, and exams.
See LAW NO. 58 OF 1937 (EGYPTIAN PENAL CODE) (reformed in 1952), Al-Jaridaa Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE], at arts 206-227. (Egypt).
See THE MINISTERIAL DECREE NO. 1302 of 1996, supra note 33, at art. 2.
Id. at art. 3
Id. at art. 4.
Id. at art. 12.
Id. at 2(a).
Id. at 9(b).
Id. at 13(c).
Id. at 40(d).
Id. at 47(e).
Id.
Id. at art. 6.
Id. at art. 7.
Id. at art. 4.
Id. at 45(3).
Id.
Id. at art. 7(f).
Id. at art. 7(i).
Id. at art. 7(ii).
Id. at 7(ii)(a)(b)(c).
Id. at art. 4.
“Each study year includes practical trainings for a period of 2 hours/week . . . .” Id., at art. 7. See also STUDENT GUIDE OF ALEXANDRIA UNIVERSITY LAW SCHOOL STUDENTS (2013), at 23 (chart 3 explains) (on file with authors).
Id. (chart 2 explains).
Id. at 24 (chart 1 explains). LL.B. degree, the all and the only courses required are as follows. In the first study year, courses are international organizations, history of law, Introduction to the study of law, criminology, Islamic law, constitutional law I, political economy, English or French language, and seminars. In the second year, courses are Islamic law, obligations I, administrative law, political economy, family law for non-Muslims, public international law, history of Egyptian law, criminal law I, obligations II, English language, and seminars. In the third year, courses are civil law, commercial law I, criminal law II, labour law and insurance, civil procedural law I, Islamic law, public finance and tax legislation, administrative law, legal studies in French or English language, nationality law, and seminars. In the fourth (final) year, courses are principles of Islamic doctrine, maritime and aviation laws, civil procedural law II, private international law, property law, commercial law II, law of criminal procedure, constitutional law II, and seminars. Therefore, it seems that there are no elective courses and that there is a number of required courses, set for each academic year, students must pass and get their LL.B. Id. at 24. In Alexandria law school, in 2013 academic year 2012-2013, the number of enrolment students were 2,982 students in the regular section, nine students in the external one, 203 students in the English section, thirty-one students in the French section, and 1,151 student in the directed external section. See THE ALEXANDRIA UNIVERSITY LAW SCHOOL ANNUAL Report (2012), at 22 (on file with authors).
Id.
Id. at http://alexlaw.edu.eg/qua/book/lmd.pdf. (explaining the internal regulation of the center).
The Centre was established by virtue of the university council resolution in Nov. 1986 for the purpose of offering legal and economical services. For example, the centre offers courses in drafting international contracts, arbitration skills, and contract’s translation. See generally http://www.alexlaw.edu.eg/html.php?filnavn=mdk.htm; http://www.alexlaw.edu.eg/modules.php?name=News&file=article&sid=1405; http://www.alexlaw.edu.eg/modules.php?name=News&file=article&sid=1326, & http://www.alexlaw.edu.eg/modules.php?name=News&file=article&sid=280
See ALEXANDRIA LAW SCHOOL ANNUAL REPORT, supra note 101, at 63 & 64.
About ninety of law graduates and undergraduates participated in the MICC model, either as a participant or instructor or organizer, after personal interviews which included more than one hundred applicants and this Model was held in English language. (Note, the author diplomat Mr. Islam Attia had participated in this program, http://micc2011.wordpress.com/).
In the year 2011-2012, the legal clinic has worked on various fronts, as working on curriculum development, the Arab Charter of Human and Child Rights (“ACHCR”), the judicial cases, briefs, memorandums, and the field visits. (Note, the author diplomat Mr. Islam Attia had participated in this program, http://www.alexlaw.edu.eg/html.php?filnavn=about3eyada.htm & http://www.elwatannews.com/news/details/356414).
Id.
As from the latest news, for example, the university is working on encouraging these programs with the European universities. It is worth saying that the European Union (“EU”) is offering scholarships programs and grants for joint research projects between the European side and the Egyptian side for the period 2014-2020. See generally http://www.elwatannews.com/news/details/356414
See generally http://au.alexu.edu.eg/Arabic/Research/News/Pages/default.aspx; http://au.alexu.edu.eg/Arabic/Research/News/Pages/aaw.aspx; http://cu.edu.eg/ar/R_projects; http://cu.edu.eg/ar/Scholarships; http://cu.edu.eg/ar/Cairo-University-ScholarShips-53.html; http://cu.edu.eg/ar/page.php?pg=contentFront/SubSectionData.php&SubSectionId=27; http://egypt.usembassy.gov/pa/pr071109.html; http://au.alexu.edu.eg/arabic/MediaCenter/News/Pages/s1.aspx, & http://au.alexu.edu.eg/Arabic/Research/News/Pages/azz.aspx. Also, is the presence of a chance for the university researchers to apply for the German Cultural Exchange Agency (“GCEA”) grants for enhancing researchers’ visits exchange programs.
Id.
Id.
Id.
Id.
Id.
See, e.g., id. (explaining the mission and the purposed of Alexandria law school, http://www.alexlaw.edu.eg/).
See generally ALEXANDRIA LAW SCHOOL ANNUAL REPORT, SUPRA NOTE 101.
Id.
Id. In practice, there are two types of courses; theoretical and practical skills ones. For the ordinary theoretical courses, it is seldom for the lecturer to ask students to write a paper. On the other hand, for practical skills courses, it is more likely for the faculty member to do so and in this case the student’s score in the paper will usually constitute the main base for his evaluation for the whole course.
Id. Thus, students have no role in selecting the supervisor of their research. The latter may define a number of topics for students to choose one or allow them to choose whatever topic they want as long as it is related to the main subject of the course.
However, students usually encounter lack of resources. For instance, the library may contain non- updated references or treatises. In addition, many law schools, only one computer laboratory provided with a limited number of computers is supposed to serve a student body composed of about 20,000 members.
However, it is possible to orally assess papers of students of English/French sections because of their relatively limited number.
The deterioration of quality of papers is attributed to the previously stated factors such as the tremendous number of students compared to the teaching staff, inability of checking papers for plagiarism, lack of educational resources especially research tools in addition to the fact that education process in law schools is based on how to memorize and recite in exams. See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 22 (chart 3.5 explains).
Mr. Attia (one of the authors) argued that “he had about forty courses. Unfortunately, only one course was not based on a textbook. Instead, collecting the curriculum of the course was the task of students through taking notes during lectures and then searching for the relevant information.”).
Regrettably, some professors do nothing but mention the information which already exists in the textbook without any additional examples or detailed demonstration. It is to be noted that the tremendous number of students totally hinder any active interaction between professor and students. Assume a classroom with about 2,000 students having a lecture. If 5% of them had questions to ask, maybe a whole day would not be enough to answer all of them.
See generally HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7.
Id.
See REGULATION DECREE NO. 809 of 1975, supra note 43, at art. 71.
Id. at art. 82.
Id. In practice, most professors usually prefer long essay questions. Many exams include three or four long essay questions with the need of about an hour to answer each one of them.
See THE GUIDEBOOK FOR NATIONAL ACADEMIC REFERENCE STANDARDS FOR LAW SCHOOLS (prepared by the NAQAAE), supra note 25, at 13 (on file with authors).
Id. However, as most exams include only memorize-recite questions, it is evident that they seldom assess any of these skills. Unfortunately, they only assess the students’ ability to memorize.
Id. (detailing the internal policy of Alexandria, Banha, and ‘Ain-Shmas law schools at arts. 7, 15, and 6).
Id.
Regrettably, these courses are usually turned into ordinary frontal lectures in which a lecturer does nothing but re-explaining the required textbook and the final exams for these seminars usually include theoretical questions which frequently adopt the long essay format.
See THE GUIDEBOOK FOR NATIONAL ACADEMIC REFERENCE STANDARDS FOR LAW SCHOOLS, supra note 130, at 12. However, alumni are rarely able to gain such skills as both regular legal courses and practical skills sessions are totally focusing on theoretical knowledge transmission.
See STUDENT GUIDE OF ALEXANDRIA UNIVERSITY LAW SCHOOL STUDENTS, supra notes 23 & 99, at 50, http://www.higheredsig.org/cihe/Number04-06.pdf & http://www.higheredsig.org/cihe/Number04-06.pdf. The massive number of students in law schools back to historical reason, at the time of the Ex-President Nasser when he made education free at all levels and expanded the focus to include science and technology, as a result there were targeted effort to increase the student enrolment rates, leading to focus on quantity rather than quality and this caused a decline in quality of education.
See generally Hassan Imam, ALEXANDRIA: MOSHEKLAT BIL-GOMLAA(H) [MAIN PROBLEMS], AL-AHRAM, Apr. 13, 2013, http://digital.ahram.org.eg/articles.aspx?Serial=1250516&eid=210 (last visited Jan. 20, 2015). Most libraries in the public universities do not have the necessary funds to update their collections or provide online resources, this is very paradoxical when you consider the fact that Egypt is home to the famous prestigious Alexandria Bibliotheca.
Id.
Id. Additionally, the university educational process depends on a way that permits students to apply an individual learning style in order to internalize and obtain deeper learning, via online courses, tutorials, office hours, laboratories, library, and synchronized distant lectures.
See STUDENT GUIDE OF ALEXANDRIA UNIVERSITY LAW SCHOOL STUDENTS, supra note 99, at 55 &56. The new Egyptian Constitution of 2013 provides «Teachers, university professors, and their assistants are the main pillar of education. The State guarantees the development of their academic competencies and professional skills, and care for thier financial and moral rights in order to ensure the quality of education and achieve its objectives and “The State grants the freedom of scientific research and encourages its institutions as a means to achieving national sovereignty, and building a knowledge economy. The State sponsors researchers and inventors, and allocates a percentage of government expenditures that is no less than 1% of Gross National Product to scientific research. It will gradually increase until it reaches global rates. The State commits to provide effective means of contribution for the private and public sectors and the contribution of expatriate Egyptians to the development of scientific research.” See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, Jan., 2013, supra note 13, at arts. 22 & 23 (Egypt).
They use their free time to teach at private universities or to take high-paying consultancies and therefore have no or minimal time in which to do real academic research, http://portal.unesco.org/education/es/files/51625/11634283495Springuel-EN.pdf/Springuel-EN.pdf.
Recently, the government began to encourage the governmental universities to increase their income resources beside their limited income coming from the scholastic charges paid by the students, beside that the estimation affirms that public universities become able to cover about10% from their resources through the income obtained by the self-resources such as foreign language departments and the system of opened education.
See generally LAW NO. 49 OF 1972, supra note 10, at art.
See ALEXANDRIA LAW SCHOOL ANNUAL REPORT, supra note 101, at 4.
Id. at 56 & 57.
Id.
Id. This appeal will be achieved according to the modern electronic system begins by going to the office of student affairs to take a card involving a serial number, this card expires by using it for the appeal ,this serial number is written at the website of the faculty designated for that purpose, and then the student selects the grade(s) he or she wants to be reconsidered, the student should retain this card until the result of the appeal is declared, but the appeal is limited to reconsidering the physical mistakes only.
Id.
Id. In 2013, at the Spring semester final exams, there was neurotic delivering the pamphlets of the model answer to eight (8) students inside the examination room at Alexandria law school. The proctors discovered that two of the staff in the school delivers the responses to the students in the exam room, the students had been caught before exchanging these pamphlets with others which were with them, the staff and students were referred to the public prosecution for investigating and revealing the circumstances of this crime. In this regard, the dean declared that the pamphlets of those students for the previous three years will be reviewed to make sure that this crime had not been committed during the previous years, so the law school’s administration fights cheating and plagiarism with strict measures and disciplinary penalties.
The appointment of the teaching assistants is after a declaration about vacancies. See generally LAW NO. 49 OF 1972, supra note 10, at arts. 2, 133, 135, 136, 66, 139, 121, 123, 69, 70, & 198. To appoint a teaching assistant, he (or she) must be reputable, obtained a general grade of "very good" at least in his or her first law degree, and must have obtained a grade of "good" at least at the hypertext specialization or its substitute. To appoint an assistant lecturer or assistant professor, he (or she) must have obtained the master degree or two diplomas of graduate studies to be qualified for the doctoral program and no declaration needed for appointment. To appoint a full-time faculty member, he (or she) must have obtained a doctoral degree or its substitute from one of the Egyptian universities at specific area of interest or must have obtained it from a foreign university or a scientific institution which is considered equivalent and accredited by the SCU, and reputable. The emeritus professor (reaching the retirement age) is appointed personally at the same school or institute until reaching seventy (70) years old and part-time professors can be appointed by a decision from the university President. To be appointed as an associate professor, the candidate must have a good record of publications or made an excellent constructive work. The same conditions are required for the appointment at the tenured level. Faculty members required to present an annual report about their scientific and academic accomplishments.
See ALEXANDRIA LAW SCHOOL ANNUAL REPORT, supra note 101, at 46.
See LAW NO. 112 OF 1959, supra note 43, at arts. 1 & 2.
Id., at arts. 105, 106, 107, & 110. The faculty member referred to investigation must be notified with the statement charge (indictment) and a copy of the investigation report and disciplinary sanctions will be implemented in case of conviction (keeping the pension or the reward or the deprivation of one of them pension to the quarter amount).
See generally websites of those projects at http://qaap.net/heep.htm.
See generally LAW NO. 82/2006 and its (executive regulation), supra note 43.
See generally PRESIDENTIAL DECREE (in compliance with Law No. 82 of 2006), supra note 25, http://en.naqaae.eg/index.php/services/accreditation.
Id.
Id.
See generally THE GUIDEBOOK FOR NATIONAL ACADEMIC REFERENCE STANDARDS FOR LAW SCHOOLS, supra note 130, http://www.naqaae.eg/booklibrary.html?task=view&id=44&catid=115 (last visited Jan. 20, 2015).
See generally THE GUIDEBOOK FOR THE ACCREDITATION OF HIGHER EDUCATION INSTITUTION, http://www.naqaae.eg/booklibrary.html?task=view&id=11&catid=96 (last retrieved Jan. 20, 2015) (on file with authors).
Id. at 31. See also THE EXECUTIVE BYLAW (issued by) THE PRESIDENTIAL DECREE NO. 25/2007, at art. 5
Id. at art. 25.
Id. at art. 6.
See id., LAW NO. 82 OF 2006 (and its executive regulation), supra note 25, at art. 6(e).
Id.
Id. at THE GUIDEBOOK FOR ACCREDITATION OF HIGHER EDUCATION INSTITUTION, supra note 161, at 45.
Id. at art. 9 & 23 & art. 15 (the executive bill No. 25/2007), supra note 162.
Id.
See generally PRESIDENTIAL DECREE (in compliance with Law No. 82 of 2006), supra note 25, http://en.naqaae.eg/index.php/services/accreditation.
Id. at art. 10.
Id. at the EXECUTIVE BYLAW NO. 25/2007, at art. 6(h).
Id. at LAW NO. 82 /2006, at art. 12.
See THE GUIDEBOOK FOR ACCREDITATION OF HIGHER EDUCATION INSTITUTIONS, supra note 161, at 54.
Id. at THE EXECUTIVE BYLAW NO. 25/2007, at art. 6(h).
Id. at art. 7.
Id. at art. 8. The accreditation certificate is renewed by the previously mentioned procedures required for applying for the first time. The application for renewing the accreditation certificate has to be submitted within the first month of the last year of the validity period of the certificate.
See generally THE GUIDEBOOK FOR ACCREDITATION OF HIGHER EDUCATION INSTITUTIONS, supra note 16.
Id. Actually, Mr. Bastwaeesy (one of the contributors to this report) witnessed one of the site visits by the reviewers committee for evaluating Alexandria law school for accreditation. The committee held a session, which was not allowed for the faculty members to attend, for hearing the students’ opinions about all the evaluation aspects. All the attending students clarified several shortcomings of the educational process in their law school. The reviewers committee listened carefully for the students bitterly criticizing the faculty members, complaining of the teaching methods and lack of facilities.
See generally LAW NO. 49 OF 1972, supra note 10, at art. 13(bis).
Id. This report is discussed by the law school council which is the governing body of the whole institution in order to be later submitted to the SCU. See REGULATION DECREE NO. 809 OF 1975, supra note 43, at art. 34(6). However, it is to be mentioned that this kind of evaluation cannot be considered sufficiently effective as it is based on some sort of routine reports without site visits and real assessment of all aspects of educational process. Hence, it rarely results in decisive measures regarding redressing shortcomings.
Id. at LAW NO. 82 OF 2006, at art. 5.
See, e.g., THE QUALITY ASSURANCE UNIT AT ALEXANDRIA LAW SCHOOL, http://alexlaw.edu.eg/qua/ (last visited Jan. 20, 2015).
Id.
Id.
And even if such a plan exists, it may be totally or partially ignored by the Minister of Higher Education and those who are supposed to be responsible for implementation.
Article 214 of the de facto 2012 Constitution provides for the establishment of the national council of education and scientific research which is responsible for preparing a national strategy for all sorts and phases of education, supervising implementing such strategy, and determining the national standards for the quality of education and scientific research. See CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, supra note 11, at art. 214. However, the new Constitutional Charter of 2014 has abolished this provision; it is permitted for the Parliament to establish such a council.
It should be noted that the Egyptian Cabinet, Information and Decision Support Centre (“IDSC”) conducted a survey in February 2009 aimed at measuring faculty member’s opinion. The results showed that 91.9% of the faculty indicated that the most crucial obstacle facing higher education in Egypt is the absence of an obvious strategic plan and lack of clear policies and standards. For further details, see generally THE NATIONAL HIGHER EDUCATION STATISTICS PORTAL, MINISTRY OF HIGHER EDUCATION, http://www.higheducation.idsc.gov.eg/Front/en/suggestions.aspx?goal_id=8 (last retrieved Jan. 20, 2013).
See HIGHER EDUCATION IN EGYPT COUNTRY REVIEW REPORT, supra note 7, at 22 (chart 3.5 showing the ratio of faculty members to students in social sciences faculties).
Id.
Cairo University, which is one of the most prestigious universities in the Middle Eastern region and the second university to be established in Egypt after Al-Azhar University, was firstly established as an indigenous one in 1908.
In this regard, the Prophet Mohammed (PBUH) told ‘Ummar Ibn Al-Khattab (“[t]ie up the property and devote the usufruct to human beings.”). See William F. Fretcher, Islamic Wakf, 36 MO. L. REV. 2, at 153-155 (1971), http://scholarship.law.missouri.edu/mlr/vol36/iss2/1 (“The institution of wakf rests upon the Shari‘a, the religious law of Islam.”). Waqf is an inalienable religious endowment in Islamic law, typically donating a building or plot of land or even cash for Muslim religious or charitable purposes. According to Hanafi School of law, waqf “is one of the most eminent Islamic jurists, is the detention of specific thing in the ownership of wakf and the devoting of its profit or products "in charity of the poor or other good objects." The beneficiaries of the waqf can be persons and public utilities and the founder can specify which persons are eligible for benefit (such the founder’s family, entire community, only the poor, travellers). Public utilities such as mosques, schools, universities, bridges, graveyards and drinking fountains, can be the beneficiaries of a waqf.”). See generally RAMADAN ‘ALI AL-SHORONBASY, AHKAM AL-WASYIA WA AL-WAQF FI AL-SHARIE‘A AL-ISLAMIA [THE GENERAL PRINCIPLES OF THE WILLS, TRUSTS, AND ESTATES IN ISLAMIC SHARIE‘A] (2005/Arabic Source).
See generally LAW NO. 12 OF 2009 ON PRIVATE AND INDIGENOUS UNIVERSITIES, supra note 10. However, there are only three indigenous universities in Egypt. After issuing this law, only three existing universities applied to be converted to non-profitable indigenous universities. In January 2011, the SCU approved their applications. See Mohammad Habib, TAHWEEL GAM‘AAT EL-NIL WA AL-FRINSIYYAA(H) WA AL-MISSRYAA(H) ILAA(H) GAM‘AAT AHLIYAA(H) [CONVERSION OF EL-NIL, FRENCH , AND EGYPTIAN UNIVERSITIES TO ENDOWMENT UNIVERSITIES], AL-AHRAM, Jan. 22, 2011, http://digital.ahram.org.eg/articles.aspx?Serial=417642&eid=1308 (last visited Jan. 20, 2015). However, the unstable political situation upon the January 25 uprising hindered the accomplishment of required procedures.
See generally Ann Van Wynen Thomas, Note on the Origin of Uses and Trusts-Waqfs, 3 Sw. L. J. 162 (1949), at 164-65. (“Charitable endowments may be formed with particular conservation purposes.”) (“In other words, waqf means the permanent dedication by a Muslim of any property for any purpose recognized by the Muslim law as religious, pious or charitable. It allows private contribution to public good as it is not subject to transactions and endowment’s yield is devoted to the needy people. Most of the Islamic waqfs are subject to the similar principles and norms and Muslim scholars argued about its details that may reflect on the way of its roles (functions).”). See generally AL-SHORONBASY, supra note 192.
See id., at EGYPT CONSTITUTION OF 2014, supra note 13, at arts. 21 & 238.
See LAW NO. 17 OF 1983 ON LEGAL COUNSELS, (amended by the Advocates Law and Egypt Bar Association), supra note 35, at art. 13 (explaining the requirements to join the Egyptian Bar Association).
Id.
Previously, the appointment of the law school’s dean or (associate or vice deans upon proposal of the school dean) was by virtue of a decree issued by the university President. The law did not provide for any further restrictions or requirements pertaining to the appointment. However, after Egypt Uprisings, Law No. 84 of 2012 provides that “the three posts of the university President, the dean, and the department’s chair shall be held by virtue of a decree issued by the competent authority according to the result of an electoral process.” In turn, the SCU has issued another decree detailing the requirements and procedures of such elections. See generally LAW NO. 84 OF 2012, Al-Jaridaa(h) Al-Rasmiyyaa(h) [THE OFFICIAL GAZETTE], June 14, 2012 (Egypt).
Depending on the fact that most courses are theoretical ones and that most exams are memorize-recite ones, frequently adopting long essay questions, a high percentage of students in law schools resort to private tutors who are considered an easy way to pass the final exams as their main role is to abbreviate the (important) topics and legal theories of the textbook assigned in each course to help students in achieving their task of memorizing without arguing much easier. It is to be mentioned that those students usually find it useless to attend classes as they already have the alternative.
An obvious example of the ineffective self-evaluation recently realized, is that the annual report of Alexandria University Law School of 2012 was published in 70 pages including only four problems of the legal educational process mentioned in general and without any detailed suggestions or proposals (recommendations by faculty members, staff, and students) to taken into account and deal with.
WILLIAM BUTLER YEATS. BRAINYQUOTE.COM, XPLORE INC, 2014, at http://www.brainyquote.com/quotes/quotes/w/williambut101244.html (last accessed Jan. 29, 2015).
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Register of Estonian companies - http://www2.rik.ee/rikstatfailid/failid/tabel.php?url=14_01mk.htm
the official web site of Estonian statistic - http://www.stat.ee/ppe-46953
Network of Estonian Nonprofit Organizations, NENO (or EMSL in Estonian) - http://www.ngo.ee/ngo/210/article/8149
Network of Estonian Nonprofit Organizations, NENO (or EMSL in Estonian) official website, “Explorer for a year in volunteer activities of the population” - http://www.ngo.ee/ngo/210/article/8149
Network of Estonian Nonprofit Organizations, NENO (or EMSL in Estonian) official website,” - http://www.ngo.ee/
official web page of Ministry of the Interior of the Republic of Estonia http://www.sisemin.gov.ee/atp/index.php?id=5637
official web page of Youth Association "Open Republic" - http://www.or.ee/1082
The official web page of the Integration and Migration Foundation Our People (MISA) - http://www.meis.ee/rus-avaleht
Official web page of the project "Let's do it 2009" - http://www.darom09.lt/
Website Estonica - created by the Estonian Institute and supplemented them online edition of Estonia -http://www.estonica.org/ru/Общество/Некоммерческий_сектор_Эстонии:_краткий_обзор/Сегодняшний_день/
Website Estonica - created by the Estonian Institute and supplemented them online edition of Estonia -http://www.estonica.org/ru/Общество/Некоммерческий_сектор_Эстонии:_краткий_обзор/Сегодняшний_день/
Estonian Civil Society Development Concept. – URL: http://www.ngo.ee/node/1090
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2015-10-01
How to Cite
Arafa, M. A., Attia, I., Bastaweesy, A. K., & Salama, H. (2015). Arab world’s verdict on legal education: The Egyption case between status quo, assessment, and some hope. Journal of Social Sciences (COES&Amp;RJ-JSS), 4(4), 964–1005. https://doi.org/10.25255/jss.2015.4.4.964.1005
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