From Free Access to Restriction: Shifts in the Right to Litigation Amid the Court Fees Crisis (Position Paper)
The Egyptian Center for Economic and Social Rights has issued a legal position paper titled “From Free Access to Restriction: Shifts in the Right to Litigation Amid the Court Fees Crisis”, authored by Cassation Lawyer Wael Ghali. The paper seeks to highlight the unprecedented expansion in the imposition of judicial fees—whether through legislation or administrative decisions issued by court presidents—which may amount to a violation of the constitutional right to litigation. This expansion imposes additional burdens on citizens, particularly economically disadvantaged groups, effectively hindering their access to justice.
The paper provides a thorough analysis of the adverse impact of increasing court fees on citizens’ ability to access the judicial system. It warns that the growing imposition of such fees and their consequential effects may, in practice, condition the exercise of the right to litigation on an individual’s financial capacity. This practice stands in clear contradiction to the provisions of the Egyptian Constitution and to international human rights instruments that obligate the state to guarantee equal access to justice without discrimination.
The paper also draws attention to recent administrative decisions by some courts that have significantly raised the fees for issuing official documents, certificates, and enforceable copies—sometimes to multiples of the legally prescribed amounts. These decisions lack any statutory foundation and thus constitute an overreach of judicial authority, infringing upon the exclusive powers of the legislative branch.
In conclusion, the Center calls for immediate legislative intervention to enact a unified and equitable law regulating judicial fees—one that reflects the economic realities of citizens and ensures affirmative protection for those with limited means. The Center further urges the suspension of all administrative decisions that contravene the Constitution and the law, in order to uphold the principle of free access to justice and to safeguard the fundamental right to litigation.
