Wahbi: The New Civil Procedure Code is a Cornerstone of Justice Reform and Responds to the Constitutional Court’s Observations
Abdel Latif Wahbi, the Minister of Justice, affirmed that the new Civil Procedure Code represents the cornerstone of procedural laws and the primary gateway to fulfilling substantive rights. He highlighted that it embodies the main orientations of the Constitution regarding the protection of litigants’ rights and ensuring the proper functioning of justice, in line with international treaties and comparative laws.
During his presentation of Law No. 58.25 on civil procedures before the Justice and Legislation Committee in the House of Representatives, following the legal implications of the constitutional court’s decision issued on August 4, he explained that the text includes structural reforms aimed at improving court performance, enhancing judicial efficiency, and reducing procedural delays by transitioning from the traditional court model to the electronic court. Additionally, he noted the development of coordination mechanisms among various actors in the justice system to ensure that the judiciary serves the citizen.
The Minister of Justice reported that the legislative process for this project has gone through several stages, as it was approved in the government council on August 24, 2023, before being referred to Parliament on November 9 of the same year, in accordance with Article 78 of the Constitution. It was later studied and discussed in the specialized committees of both houses of Parliament and voted on in a final reading on July 8, 2025.
Wahbi explained that in response to the constitutional court’s decision and to ensure full compliance with the provisions of the Constitution, the Ministry of Justice took the initiative to prepare a project to address the legal implications. This involved amending the wording of the first paragraph of Article 17 to specify the cases in which the public prosecution can request the annulment of a judicial ruling that violates public order within five years from the date of its enforceability.
He added that the project also included the deletion of the fourth paragraph of Article 84, in alignment with the observations of the constitutional court, which affected several articles referring to this paragraph, including Articles 97, 101, 103, 105, 123, 127, 173, 196, 204, 229, 323, 334, 352, 355, 357, 361, 386, and 500, as well as other articles.
The minister pointed out that the provisions of the last paragraph of Article 90 have been amended to specify the procedural conditions for holding sessions using remote communication technologies, with a reference to a regulatory text that defines the modalities for their conduct. Similarly, he noted the amendment of the wording of the last two paragraphs of Articles 107 and 364 by removing the phrase “without examination,” in application of the constitutional court’s decision.
Wahbi addressed a correction of a material error found in Article 288, which referred to Article 284 instead of Article 285. Additionally, he mentioned the amendment of the wording of Article 339 by deleting its second paragraph to avoid any ambiguity regarding the justification for rejection or acceptance of requests, in accordance with the court’s decision.
The amendment also included the rephrasing of the first two paragraphs of Articles 408 and 410, limiting the authority to refer cases to the Court of Cassation only to the Attorney General regarding decisions that judges might exceed their authority or in cases of legitimate doubt.
In this context, the Minister of Justice noted that Article 624 was amended to stipulate that the management of the information system and the database is carried out by the judiciary, in coordination with the governmental authority in charge of justice, each within its jurisdiction, enshrining the principle of separation of powers while maintaining a spirit of cooperation among institutions.
Wahbi concluded by highlighting the amendment of the wording of Article 628, emphasizing that the president of the court is the one who immediately and electronically appoints the reporting judge or the appointed judge, as appropriate, to prepare the files submitted through the information system.
