تنازع الاختصاص بين القضاءين العادي والعسكري في مصر وفقا لما رسخته محكمة التنازع الفرنسية

الملخص EN

The formation and establishment of military justice in Egypt is only an affirmation of the need of the State's judiciary Modern to a specialized and independent judiciary, Military justice has a special regime covering all aspects of military life Besides the General Penal Code, The Egyptian legislature has therefore provided legal texts on military justice n the Egyptian Constitution 2014 Article 204 provides for the courts' jurisdiction All crimes of a military nature committed by military personnel Who belong to the Egyptian armed forces in all their formations The legislature thus placed the security and stability of the country and the interest Military and security above any other interest regulated by law, The Law on the Assets of Military Provisions No.

25 of 1966, with its amendments, was regulated, To undertake all the competencies conferred upon him by the Constitution, In time, the overlap between the competencies of the military judiciary began Competencies granted to the ordinary courts of the State, Because of course the last is the original jurisdiction and only to consider all claims before the formation and establishment of military justice, Both sides may dispute positively Both claim jurisdiction over the proceedings, he case may be adversely contested They left to consider the case by believing that the other party was the competent authority, The role of the Supreme Constitutional Court is demonstrated In accordance with the Egyptian Constitution 2014, it has the competence to do so Under article 192, it is competent to consider the conflict of jurisdiction between the judiciary and certainly the military.

On the other hand In France, I faced duplication of justice At the outset of their application difficulties, including overlapping jurisdiction between the ordinary and administrative judiciary, This prompted the French legislature to intervene to establish an independent judiciary to adjudicate disputes over jurisdiction, Additionally, conflicts relating to the conflict of judgements, The French legislator called it a dispute court which contributed to the establishment of the rules of jurisdiction in France Through resolutions rendered in disputes pending