Word of the Secretary-General

In the Name of Allah the Rahman the Most Merciful

Collective Arab action has always constituted a solid basis for boosting and reinforcing fruitful cooperation ties between Arab countries. Such cooperation was crowned- in the field of reviewing legislations’ constitutionality- by founding the Union of Arab Constitutional Courts and Councils with the aim of introducing a new cooperation channel of our Arab nation.

The starting point, in this regard, is establishing and organizing many constitutional courts and councils besides the constitutional bodies carrying out the function of constitutional judiciary, whether they are supreme courts or constitutional circuits in such courts. They could all successfully play their role in achieving effective review of legislations’ constitutionality manifested in the rulings and decisions issued by them, hence guaranteeing the principle of the sovereignty of law in the broad sense of the term and protecting human and citizens’ rights and freedoms.

Thus appeared the idea of establishing an organizational entity that includes all the bodies carrying out the function of constitutional review in the Arab world, under the umbrella of a union that aims at strengthening ties between such bodies and sharing information, ideas, and expertise including the rulings and decisions issued by such bodies, in addition to spreading constitutional culture by exchanging researches, articles, and studies related to constitutional review of legislations including laws, decree-laws, and regulations.

Such idea became clear in the preliminary conference that was held in Cairo in February 1997 and attended by representatives of the constitutional courts and councils of eight Arab countries: Tunisia, Algeria, Kuwait, Lebanon, Libya, Egypt, Morocco, and Mauritania. The final communiqué of the conference was concluded by approving the draft statute of the Union. Afterwards, a constituent congress was held in Algiers in June 1997 and attended by representatives of the constitutional and supreme courts of three more countries: Sudan, Palestine, and Yemen. The statute was signed on June 26^th, 1997. Then the Union issued its financial system and rules of procedure. The General Assembly and Union Council then held a number of meetings at the Union’s headquarters in Cairo and many Arab capitals. The Constitutional Court of the Hashemite Kingdom of Jordan and the Constitutional Court of the Kingdom of Bahrain joined the Union later, followed by the Union Supreme Court of the United Arab Emirates and the Federal Supreme Court of the Republic of Iraq recently, so the number of members became fifteen Arab constitutional courts and councils and supreme courts, which carry out the function of constitutional review.

The provisions of the Union’s statute include identifying its objectives, the means of attaining them, rules of membership, fiscal, general, transitional, and final provisions, besides organs of the Union, namely, the General Assembly, the Executive Office, and the Secretariat General. During its eighth session held in Cairo in February 2005, the Union decided to establish the Scientific Committee to consider suggestions and issue recommendations related to the translations, researches, legal studies, and the Union’s magazine and website, in addition to suggesting subjects of scientific forums, conferences, and symposiums. I was honored by the membership of the Committee.

His Excellency Justice/Mohammad Abdel Qader, vice president of the Supreme Constitutional Court of Egypt, was elected secretary general of the Union for four consecutive terms since its foundation until the General Assembly was held in Beirut in October 2011. He apologized for not being able to continue in office, as he was appointed governor then reached the judicial retirement age. Thus, the General Assembly honored me by appointing me secretary general of the Union.

The Union managed to expand its areas of activity to include strengthening scientific and cultural relations with some international organizations which undertake tasks similar to those of our Arab union, i.e., the ACCPUF, the Venice Commission of the European Council which aims at achieving democracy through law, and finally the Ibero-American Conference on Constitutional Justice. Information and researches are exchanged between such organizations and our Arab union. Significant conferences and meetings are also held and attended by the members to such organizations invited to participate and submit articles and researches related to the theme of constitutional review, which is the common factor among them all. Moreover, the members of those organizations exchange the judgments, decisions, and principles issued by their constitutional courts and councils.

The Union’s current website was updated and launched owing to the decision issued by the Union at its last meeting in Beirut in October 2011. In virtue of this decision, specialized companies were called to submit their bids in this area, then the best was chosen, in terms of specifications, experience, and fees. The most important features of this site include expanding its capabilities and uses, introducing translation between Arabic and English, as well as adding a new feature, that is, distinction between the persons authorized to access and use the site interactively and other users, to ensure securing the information on the site according to its importance and degree of confidentiality. Additionally, the site was developed so that it can accommodate any new uses according to the technical development expected.

Moreover, in virtue of the decision made by the General Assembly of the Union which took place in March 2013 in the Kingdom of Bahrain, the electronic (digital) library was available for trial run. This is a critical step for familiarity with the rulings and decisions of the Arab constitutional courts and councils and supreme courts members to the Union, in addition to the significant scientific writings in the field of constitutional and legal research. Such library is the fruit of sustained effort of the Union’s team to release it using the most recent scientific and technical methods.

I cannot but extend my sincere thanks and appreciation to the honorable presidents and members of the Union of Arab Constitutional Courts and Councils for their sincere cooperation and continued support of all organs of the Union. I would like also to thank the Secretariat staff at the Union’s headquarters for their diligent effort for the sake of helping the secretary general to carry out the technical, administrative, and financial responsibilities assigned to him according to the rules of the Union, as well as his duties to follow up the continued scientific and cultural development, promoting cooperation, and exchanging information, researches, and principles among the Union’s members on one hand and the international organizations partners of the Union on the other.

In conclusion, I seek guidance and success from Allah to help us exert more effort for continued development of the activities of our prosperous Arab union.

Justice / Dr. Hanafy Ali Gebaly

Secretary-General of the Union

Vice President of the Supreme Constitutional Court