Recommendations of the Seminar on the Future Role of the Court of Cassation in Light of Amendments to Appeal Mechanisms

The legal seminar on the Future Role of the Court of Cassation in Light of Amendments to Appeal Mechanisms concluded on February 20, 2025. Organized by the Arab Center for the Independence of the Judiciary and the Legal Profession, the forum was held at the center’s headquarters, featuring insights from Professor Negad Al-Borai, a cassation lawyer and member of the Board of Trustees of the National Dialogue, and Professor Osama Khalil, a cassation lawyer. Participating in the seminar were a host of lawyers and law experts. The forum culminated in a series of key recommendations:

Recommendations:

         1-         The necessity of the cessation of any measures that may compromise the Court of Cassation’s role as a legal authority tasked with overseeing procedural legitimacy and safeguarding its integrity.

         2-         Halting any amendments to the laws governing appeal procedures before the Court of Cassation, thereby guaranteeing its fundamental role in assessing the compliance of criminal rulings with proper legal standards.

         3-         Advocating for the exemption of the Court of Cassation from engaging in the substantive examination of rulings, allowing it to remain dedicated to its primary function of ensuring the correct application of the law.

         4-         Extending the Court of Cassation’s geographical jurisdiction by establishing additional circuits across various regions of the Republic to facilitate easier access to judicial services while upholding the constitutional right to bring litigation bodies closer to citizens.

         5-         Reviewing the prerequisites for registering lawyers before the Court of Cassation, recognizing their key role in shaping and advancing legal jurisprudence.

         6-         The necessity of the application of merit-based criteria in the selection of Court of Cassation members, rather than restricting appointments to elections from the general assemblies of the courts.

Arab Center for Independence of the Judiciary Law Firm