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The Organizational Hierarchy of the Administrative Prosecution Authority (APA):

Article no. 197 of the Arab Republic of Egypt constitution states that:

“The Administrative Prosecution is an independent judicial authority competent to  investigate administrative and financial contraventions, as well as  the contraventions reported to it, APA is given the same authority given to administrative bodies in imposing disciplinary sanctions, challenging APA decisions is to be made before the competent disciplinary court of State Council, APA is also responsible for filing  disciplinary lawsuits and appeals before the courts of the State Council in accordance with the law. The law regulates its other competences. APA members have the same rights, duties and privileges as those granted to their peers of the other judicial authorities and the law regulates their disciplinary accountability.”

According to article no. 1 of law no. 117/1958 and its amendments by law no. 12/1989 the “Prosecution is formed of a President, a sufficient number of Vice-presidents, Senior deputy generals, Deputy generals, Senior chief prosecutors, Chief prosecutors, Senior administrative prosecutors, Administrative prosecutors, Assistant and Associate prosecutors”

Presidency of the Administrative Prosecution Authority (APA)

The President of APA, the head of the hierarchal structure of the authority, is appointed by the President of the republic and takes the oath before him to perform his/her work with due diligence (articles no. 35 and 36 of APA Law), he/she is also in charge of the following authorities and responsibilities:

  • President of the Prosecution’s Supreme Council (article no. 2 bis of APA Law)

  • As President of APA he/she is authorized to file appeals on disciplinary court sentences (article no. 4 of APA Law)

  • Authorized to appoint administrative employees and secretaries as well as issuing their promotion decisions (article no. 35bis of APA Law added by law no.12/1989)

  • Possess the same authority of Ministers or their deputies as stated in Civil State Employees Law regarding administrative employees and secretaries (article 42 of APA Law)
  • Organizes the prosecution’s formation from administrations, branches and prosecutions where he/she decides their competences, premises and number after taking the opinion of the Supreme Council (article 2 of APA Law) he/she also supervises technical and administrative work of the prosecution and the administrative staff and issues decisions to ensure work punctuality (article 38 of APA Law)

  • Monitors and supervises all members of APA (article 1 of APA Law), he also has the authority to transfer members within the governorate where they were originally appointed and to assign them out of this area for a duration that does not exceed six months also if necessary he/she may assign a Chief prosecutor to perform the work of a Deputy general for a duration that does not exceed four months only renewable once where in this case the assigned chief prosecutor is given all the competences as those of a deputy general prescribed by law (article 38 bis/1 of APA Law added by law no. 12/1989), bonuses are granted to APA members by the decision of the APA president upon the approval of the Supreme Council.

  • Pursuant to his/her authority of technical supervision over APA members, President of APA has the right to offer proposals regarding the work system of the Inspection Administration to the Minister of Justice who issues a decision upon these proposals after consulting the Supreme Council of APA, also the president of APA notifies members whose appraisals are rated average or below average as soon as the Inspection Administration ends their assessment  besides he/she issues causative notifications to  members that are in the promotion queue and were not concluded in the promotions program for reasons other than their appraisal before presenting it to the Supreme Council by 30 days at least and the Minister or Justice is regularly informed of members who receive two consecutive below average appraisals. (article 38bis/2 of APA Law added by law no.12/1989)

  • Regarding the disciplining of APA members only the President of APA has the authority to draw a warning to an APA member after listening to his/her hearings and reviewing his/her defense (article 39 of APA law), he/she also has the authority to direct written or oral admonitions to members whom do not perform their work with due diligence after listening to their hearings (article 40bis of APA Law)

  • “Filing a disciplinary lawsuit by the Minister of Justice must be upon the request of the President of APA or one of his/her deputies following a criminal or administrative investigation and listening to the hearings of the member under investigation”

  • President of APA has the right to suspend the member under investigation (article 39 of APA Law)

  • Also President of APA or his/her delegates head the Disciplinary Board authorized to discipline all ranks of APA members (article 40 of APA Law) and he/she must be notified in case of conducting an investigation or arresting one of the APA members or if a member was taken into temporary custody (article 40bis/2 of APA Law)

  • When conducting an investigation, President of APA or his/her delegates have the right to issue search warrants for persons, employee’s residence and offices of employees who are accused of financial and administrative contraventions if there are substantial grounds for taking this action (article 9 of APA Law), he/she also has the right to suspend an employee under investigation from his work if that is in favor of the investigation process (article 10 of APA Law)

  • At the end of each year President of APA presents a comprehensive report to the President of the Republic including his suggestions and observations (article 44 of APA Law)

The Supreme Council of the Administrative Prosecution Authority (APA):

 
  • The Supreme Council of APA is presided over by the President, and is composed of six most senior vice- presidents, and at the absence of any one of them, the next senior vice- president shall be present instead, or in his/ her absence, one of the senior deputies general.  

  • Meeting of the Council is held at the Headquarters or at the Ministry of Justice, and is called by the President of APA, or by the Minister of Justice. All the deliberations in the meeting are conducted in secrecy and the decisions are taken by majority.
  • The Council issues regulations governing its competencies, and may constitute one or more committees from its members, and delegate any of the powers of the Council to these committees except those regarding appointment, promotion and transfer of APA members. (Article no.2bis/1 of APA Law added by law no.12/1989)

  • The Supreme Council of APA is competent to appoint, promote, transfer, second, delegate, in addition to any other matters related to APA member’s affairs as stated in this law, provided that any appointment and promotion of the members shall be upon a request from the Minister of Justice pursuant to a recommendation from the President of APA. The opinion of the Council shall be considered in the drafts laws that govern the competencies of APA. (Article no. 2 bis of APA Law added by laws no.12/1989)

  • The approval of the Council has to be taken before granting APA members bonuses upon the decision of President of APA (Article no. 35 bis of APA Law added by law no.12/1989)

  • In cases other than disciplinary procedures are implemented, dismissing an Associate prosecutor or transferring him to a non-judicial post cannot take place unless approved by the Supreme Council (Article no. 47bis of APA Law)

  • In accordance with the Minister of Justice, the Supreme Council prepares a budget draft before the beginning of the fiscal year with a sufficient period and lists the total amount of expenditures and revenues. Then the budget draft is presented to the Minister of Finance.

  • The Council is empowered by the same authorities as those of the Minister of Finance by law regarding the implementation of the Prosecution’s budget within the appropriations granted to it.

General Secretariat of the Prosecution’s Supreme Council:

Located in Cairo and is affiliated to the Supreme Council under the supervision of the Head of the Supreme Council and its competences are as follows:

  1. Assisting the Supreme Council in performing its duties, preparing its meetings, informing its members with the meeting’s agenda, arrangingthe documents to be presented to the Board and its committees and the implementation of its decisions.
  2. Reviewing the applications presented for appointment to judicial positions, gathering necessary information and investigations about applicants, supervising Members Affairs Administration, and accomplishing any duties assigned to it by the Council such as studies and research.

  3. Following up lawsuits and appeals filed by the Prosecution or against it, and judgments issued in them regarding the Prosecution members or applicants who were not appointed to the judicial posts of the Prosecution and the appeals presented by them and executing these judgments or filing appeals against them if necessary.

  4. Coordinating with other judicial authorities regarding common affairs and also coordinating means of cooperation with other judicial authorities and similar bodies in Arab and Foreign countries and signing conventions of cooperation with Arab countries to expand the idea of disciplining and setting regulations to assist them through the secondment of the Prosecution’s members to set the necessary foundation  of the disciplinary system, also the general secretariat reviews cooperation requests presented by other authorities and administrations that fight corruption, conduct investigations with public employees and apply disciplinary systems on both Arab and International levels.

  5. Conducting studies about investigation methods with public employees, disciplinary means and fighting corruption on both levels of International and Comparative Law and drawing recommendations utilized in the development of work system at APA and updating legislations.

  6. Discussing means of participation of the Prosecution in international conferences that would enhance the member’s experience.

  7. Reviewing secondment requests presented by the members of AP.

 

Prosecution’s Management and Resources Administration

Located in Cairo, it supervises administrative and financial apparatus of APA. Furthermore it maintains and equips administrations, prosecutions offices and accommodation facilities, with adequate tools. It is consisted of:

First: General Directorate for Administrative Affairs, subdivided into:

  • Department of Member’s (counselors) Affairs.

  • Department of Personnel Affairs.

  • Entitlement Department.

  • Insurance and pensions Department.

  • Interior secretarial services Department.

  • Registrations and archives Department.

Second: General Directorate for Financial Affairs, subdivided into:

  • Accounts Department.

  • Budget Department.

  • Purchasing and Warehouse Department.

  • Treasury Department.

Third: Inspection Administration, subdivided into:

  • Cairo Inspection Department.

  • Lower Egypt Inspection Department.

  • Upper Egypt inspection Department.

It is specialized in:

First: APA Counselors & Personnel Administrative and Financial Affairs

Second: following up the cases conducted by APA or filed against it .Such cases are related to personnel affairs or those of financial and administrative affairs. Moreover it inspects the judgments issued, and it adopts the necessary procedures to lodge an appeal when legal ground exists.

 

The following departments are under the President's direct supervision:

Media and Information Center

Responsible for the following:

  • First: Communicate with audio-visual, printed, electronic media and others, issuing press statements relating by investigations conducted by APA.
  • Second: Establish an exclusive website APA’s members specified for:
  1. Publication of all laws, regulations and instructions related to APA and judicial authorities work and its amendments, as well as relevant judgments issued by the Supreme Administrative Court and Court of Cassation, legal researches for disciplinary, criminal investigation, administrative law and other social sciences and cultural.

  2. Immediate announcement essential of decisions, periodicals, publications and instructions governing the Affairs of the APA and its members issued by the Headquarter and its Central Administrations.
  • Third: Monitor everything published by APA members on the social media from proposals or comments or feedbacks concerning the APA affairs or its members and other judicial authorities, as well as relating to all political, social, economic and other affairs in the field of public work and to be submitted to president of the APA for guidance.
  • Fourth: Create an electronic information network linking headquarters and its administrations, branches including all necessary information about the proclamations, complaints received and their registration no. and the member’s name assigned to him/her, the date of the assignment, type and date of the disposition and what were submitted from objections, complains or appeals.

It also includes all the essential data of members and employees of each administration or branch such as name, date of birth, job title, address, telephone number, ID and others.

 

Judicial Training Center:

  • The Judicial Training Center is affiliated to the APA president, and is located in the Headquarters of the APA in 6 Of October city, and may have other branches.

  • The Board of Directors of the Judicial Training Center is presided over by the President of APA, and is composed of the director of the Inspection Department, the director of the Technical Bureau for Investigation and Inspection, the Secretary- General of the Supreme Council, the management director of the Prosecution offices, two of prosecution members who have experience of working in the Judicial Training Center, an ex- member of APA, and a faculty staff.

The Center aims to:

  1. Ensure appropriate qualification to the associate prosecutors.

  2. Provide specialized and continuous training to all members of APA in order to enhance their technical and practical skills.

  3. Ensure appropriate qualification, as well as specialized and continuous training for legal researchers, administrative and financial inspectors, and clerical workers.  
      
  4. Cooperate and exchange legal and judicial information with national and international counterparts’ authorities.

 

Investment Cases Department

Specialized in the following:
  • First: Examine and investigate investors complaints by against administrative authorities concerning investment projects or misapplying the provisions of investment guarantees and incentives law.
  • Second: Investigate proclamations of regulators and administrative authorities regarding facts affecting investment environment.
  • Third: Follow-up decisions of the Ministerial Committee for the settlement investment disputes and investigate the facts concerning the omission or negligence in its implementation.
  • Fourth: Investigate the omission and negligence of implementation of the judgments issued by Egyptian courts in investment cases.
  • Fifth: Submit investigation results memo to be ratified by APA President.

Department of Statistical Analysis and Follow-up Disciplinary and Grievances Committees

The Department is competent to:

Receive the annual, quarterly and monthly statistics from different prosecutions offices and administrations, analyze these statistics, and prepare a monthly report to be submitted to the president of APA showing the results of the analysis, and in particular:  

  1. Types of contraventions reported to each prosecution office and its procedures.

  2. The number of complaints reported to each prosecution, the changes thereof, and the procedures taken by the prosecution.

  3. Proportionality of each prosecution hierarchy structure putting into consideration its workload.

  4. Percentage of cases referred to the disciplinary trial or the disciplinary committees as well as the cases sent to administrative authorities.

  5. The number of cases returned to the prosecution office to be reconsidered, indicating its percentage in comparison with the referred cases.

  6. Percentage of cases in which the disciplinary committee ended to dismiss or apply sanctions.

  7. The number of grievances presented on the decisions of the disciplinary and its percentage to the decisions issued by each committee, and the number of decisions annulled or amended by the disciplinary committees and its percentage to the grievances received by each committee.
  8. Percentage of work achievement accomplished, by disciplinary and grievances committees.

  9. Follow- up the rulings issued on appeals regarding decisions of disciplinary committees.
  10. Determine the deficiencies in work performance, present a proposal to reconsider the number of members in each prosecution office, and establish new committees.

Complaints Department

The Department is affiliated to the office of APA President, and competent to receive and investigate all the complaints presented in the name of the APA President. Unless the decision is to dismiss the complaint, the head of the division may conduct an investigation and presents the result to APA President.

 

APA President Bureau

The Bureau is competent to: Review the correspondences sent to the APA President, follow up the implementation of the decisions taken in that respect, supervise the Public Relation and the Security Departments of the APA Presidency, and any duties assigned by the President of APA.

Technical Bureau of the President of APA for Investment and Examination

  • Conducting examinations and revisions of the investigations along with the matters presented before the President of APA, as well as conducting investigation into the complaints or into the official reports referred to it.

  • Reviewing the objections raised by the competent authorities related to the investigation’s results indicated by the competent technical office, before coming to a decision by the adequate disciplinary authority. Also examining the controversial issues aroused between the Administrations and the Technical Offices, in addition to conducting researches and studies assigned to it by the President of APA.

  • Supervising the Main Library and the Sub-libraries. Moreover, it prepares the annual statistics for the Prosecution’s work, besides other duties assigned to it by the President of APA.

Technical Bureau of the President of APA for Appeals

Conducting examinations and revisions of the entire judgments given by the disciplinary courts, without convictions. Furthermore, it adopts the proper procedures to file appeals before the Supreme Administrative Court against the previously indicated judgments, upon the decision of President of APA.   

   

Inspection Administration (IA)

  • Article no.38 bis.2 of APA Law added Law no.12 of 1989 organizes the formation of the Technical Inspection Administration so that it states: “An Inspection Administration shall be formed, at APA; to inspect the member’s technical work, from Head and Deputy chosen from Vice-presidents or Senior Deputy General and sufficient number of members not less than chief prosecutor, and those posts are occupied by assignment for year, renewable according to the decision of Minister of Justice upon the proposal drawn up by APA President after consulting the Supreme Council”

  • Inspection Administration is entitled to: appraise the work performance of APA members, assess their compliance with the judicial ethical code necessary for promotions, examine their requests for transfer, assignment, secondment and vacations, prepare draft on their promotions and transfer. Besides IA proposes suggestions, prepares draft on the establishment of Administrations and Prosecution’s Offices, determining its competences and other matters related to APA and its member’s affairs.

  •  The System of IA is approved by a decree issued by the Minister of Justice following the proposal of APA President after asking the opinion of the Supreme Council, in accordance with Article no.38 bis no.2 of APA Law added by Law no.12 of 1989; as a result the decree no.6457 of 1989 issued by the Minister of Justice, including Article no.3 that states the competences of IA, as follows:

  • First: Supervise the technical work flow and regularities, via adopting the required periodic sudden inspections and follow up of the Prosecution Offices to ensure: the member’s punctuality of attendance and leave, being keen on performing their duties.

  • Second: Inspection on Chief prosecutors, Senior Administrative Prosecutors, Administrative Prosecutors, Assistant and Associate Prosecutors in order to extract the necessary information and data for creating their work appraisal, by examining the recent cases referred to each member during the period of inspection.  

  • Third: Examination and investigation of the complaints brought by APA members or filed against them.

  • Fourth: Preparing a memorandum that includes any comments concerning the performance of APA members in the cases or inspection referred to them, to be submitted (handled) to APA President for any necessary amendments/ instructions. This occurs during the periodic inspection.

  • Fifth: submit proposals regarding APA work organization.

  • Sixth: examine requests presented by members concerning transfer, assignment, secondment and vacations.

  • Seventh: examine requests presented by applicants for technical jobs in APA, besides pursuing necessary inquiries related to the applicants.

  • Eightieth: Any task delegated by the APA President.

 

The Disciplinary Lawsuit Administration

  • Located in Cairo and specialized in filing and following up the disciplinary lawsuit before the Disciplinary Courts, as well as lodging appeals against judgments before The High Disciplinary Courts in accordance with APA President Approval.

  • 8 branches come under The Administration, in certain cities that have Disciplinary Courts: Two branches in Cairo and one single branch in each of (Alexandria, Tanta, El-Mansoura, Ismailia, Assiut and Qena). These branches shall review the cases referred to it from the prosecution’s offices. It adopts two approaches: either filing disciplinary lawsuit via preparing accusation report and evidence list to be submitted to Disciplinary Court Secretary Office, or returning the case to the competent prosecution office in the assumption of the invalidity of the case to be submitted to the Court or in case of referring it to the public prosecutor.

  • The Administration is in charge of suggesting the temporary suspension or extending the temporary suspension period of the civil servants a favor of the investigation process. . Furthermore, it submits the requests of paying half of the monthly wage for the temporary suspended employee, to the competent Disciplinary Courts. This action is adopted only for the employees who are subject to the jurisdiction of prosecution’s office within the domestic competent courts.

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