A lawyer filed an appeal Administrative Court The Council of State, calling for an urgent halt to the implementation of the decision to appoint a number of members of the State Cases Authority and the Administrative Prosecution (male and female) to the judiciary with the ranks of President of Court (B) and a judge in the courts of first instance from the corresponding grades in the two bodies only, without lawyers, in violation of the Constitution and the law, with the consequences that result from that, while obligating the Supreme Judicial Council to issue a new announcement including inviting lawyers who meet the conditions of the announcement to apply for these positions, similar to the members of the State Cases Authority and the Administrative Prosecution, and the consequences thereof. Of the effects, with obligating the defendants to pay expenses and attorney fees.
The lawsuit stated that the philosopher and historian Captain Abdul Rahman Al-Rafi’i defined the legal profession as: character, help, courage, culture, thinking, studying, scrutiny, eloquence, perseverance, perseverance, self-confidence, sincerity in defense, independence in opinion and life, and honesty. Therefore, the legal profession was one of the most honorable professions, and for this reason and the legislator’s knowledge that the legal profession is an established legal school, he stipulated in many legislations the necessity of appointing a certain number of lawyers to judicial bodies.
The lawsuit added that since the plaintiff was a lawyer accepted before the Court of Cassation for several years and has a long history in legal research and holds a master’s degree in law, and sees in himself the ability to ascend to the lofty bench of the judiciary, he was surprised by the announcement issued by the Supreme Judicial Council to fill those positions without appointing lawyers based on that, and all of this is in violation of the constitution and the law, which prompted him to file this present suit, requesting, as a matter of urgency, to stop the implementation of the aforementioned decision issued regarding the vacancy of appointment. Lawyers for those positions, canceling that decision, and obliging the Supreme Judicial Council to issue a new announcement including inviting lawyers who meet the conditions of the announcement to apply for those positions, similar to members of the State Lawsuits Authority and the Administrative Prosecution.
The lawsuit confirmed that the ruling of the Supreme Administrative Court was that in view of the importance of the legal profession and its societal role, as it is the path to achieving the right, the legislator was concerned with regulating the legal profession and aimed to advance it and raise its level in order for it to perform its mission to the fullest extent. His way to achieve this goal was to limit its practice to those who meet certain conditions that guarantee scientific and moral competence, and to oblige the lawyer in order to perform his legally assigned role to exert the utmost effort and diligence to In order to fulfill the right to its owners.
