Court System

LAW

Judicial Authority Law

REFERENCE Law 98/1961
DATE OF PROMULGATION Promulgated by President Maamoun Kuzbari on November 15, 1961
RELEVANT PROVISIONS
  • Establishes the Supreme Judicial Council, which is the main organ responsible for the organization of the judicial branch and therefore the court system.
  • The Council’s duties include appointing, dismissing and transferring judges and ensuring that the court system is operating properly.
  • The Council is headed by the President of the Republic and the Minister of Justice, who serves as his deputy.
RELATED LEGISLATION
HISTORICAL CONTEXT
  • The Supreme Judicial Council was established less than two months following the dissolution of the United Arab Republic.

LAW

Civil Procedure Code

REFERENCE Law 1/2016
DATE OF PROMULGATION Approved by the People’s Assembly on December 17, 2015
Promulgated by President Bashar Al-Assad on January 3, 2016
RELEVANT PROVISIONS
  • The civil courts- the Magistrate of the Peace, the Court of First Instance, the Court of Appeal and the Court of Cassation are operated in accordance with the Civil Procedure Code.
  • The Code lays down numerous provisions pertaining to how cases are managed throughout the civil court system and what actions judges may take under the relevant circumstances.
  • Judges play a dominant role during trial proceedings.
  • The latest Civil Procedure Code seeks to simplify and enhance the litigation process and the execution of judgments.
RELATED LEGISLATION
  • Law 1/2016 replaces the previous Civil Procedure Code provided for in Legislative Decree 84/1953, which dates back to the era of Adib Shishakli.
HISTORICAL CONTEXT
  • The Civil Procedure Code was enacted against the backdrop of internal conflict in Syria, but which nevertheless was necessary since the previous one was more than 60 years old and in need of a replacement.

LAW

Evidence Law

REFERENCE Law 359/1947
DATE OF PROMULGATION Promulgated by President Shukri Quwatli on June 10, 1947
RELEVANT PROVISIONS
  • Regulates the presentation of evidence during trial proceedings such as pleadings and testimony.
RELATED LEGISLATION
HISTORICAL CONTEXT
  • This Law came into effect during the immediate post-independence era and less than two years before the first coup d’état was carried out by General Husni Zaim.

LAW

Criminal Procedure Code

REFERENCE Legislative Decree 112/1950
DATE OF PROMULGATION Promulgated by President Hashim Atassi on March 13, 1950
RELEVANT PROVISIONS
  • The criminal courts- the Magistrates Court, the Court of First Instance, the Court of Appeal and the Court of Cassation are operated in accordance with the Criminal Procedure Code.
  • The Code lays down numerous provisions pertaining to how cases are managed throughout the criminal court system and what actions judges may take under the relevant circumstances.
  • The Public Prosecutor is responsible for prosecuting criminal cases on behalf of the state.
RELATED LEGISLATION
HISTORICAL CONTEXT
  • The Criminal Procedure Code was enacted during the brief resumption of civilian rule following the collapse of General Husni Zaim’s regime and before the rise of General Adib Shishakli.

LAW

Council of State Administrative Law

REFERENCE Law 32/2019
DATE OF PROMULGATION Approved by the People’s Assembly on November 14, 2019
Promulgated by President Bashar Al-Assad on December 16, 2019
RELEVANT PROVISIONS
  • Governs the Council of State Administrative Court.
  • The Law was approved for a second time by the People’s Assembly following its unprecedented referral to the Supreme Constitutional Court by President Al-Assad following concerns that some of its provisions were unconstitutional though the situation was rectified accordingly.
  • The role of the Council of State is to pass judgments in administrative cases involving the state and to serve as an advisory body to public entities.
  • The Council of State consists of two divisions – the Judicial Division and the Advisory Division.
  • The Council of State Administrative Court is the judicial body concerned with resolving disputes where one of the parties to the lawsuit is a governmental or public sector entity.
  • The Law grants the Council of State the status of an independent judicial body with its own budget free from the oversight of the Council of Ministers and the executive branch, which has been the case for 60 years.
  • It is also granted independence in its operations similar in nature to that of the Supreme Constitutional Court.
  • In addition to its judicial capacity, the Council of State also possesses an advisory function and issues legal opinions to ministries and government departments on aspects of the law where appropriate.
  • New bodies were also established in the Council of State including the Department for the Unification of Principles, the Inspection Department, the Disciplinary Board and the General Assembly of the Supreme Administrative Court.
  • The General Assembly of the Supreme Administrative Court is comprised of its senior judges to validate judicial precedents from cases.
  • There is now also a body entrusted with preparing and pleading cases in cooperation with public authorities.
  • The new Law makes provision for disciplinary courts which were previously governed by a separate law issued in 1990.
  • The powers of the Council of State have also been expanded, such as by becoming specialized in contractual disputes agreed by popular organizations and professional syndicates if they are concluded in accordance with the provisions of the Public Procurement Law.
  • The Council of State will also become more concerned with disputes involving taxes and fees.
  • The Law indicates that it is permissible to refer to the Civil Procedure Code if there is no applicable provision contained in the Council of State Administrative Law, which was already previously the case. The same principle applies to the Civil Service Code and the Judiciary Law.
  • The Law stipulates the conditions for filing lawsuits to set aside arbitration awards involving a governmental or public sector disputant by adopting similar provisions from the Arbitration Law 4/2008, which is applicable to contacting parties in the private sector.
  • Accordingly, arbitral awards that have not yet reached the stage of being deemed final and executory may be appealed on procedural grounds before the Supreme Administrative Court, the highest court in the Council of State.
  • In any case, the Administrative Courts in the Council of State are competent and capable of ensuring the enforcement of arbitral awards.
  • The Law also provides that in the event arbitral awards are to be appealed, they can only be challenged on the grounds of procedural irregularities and not substantive issues as well, which was previously the case.
RELATED LEGISLATION
  • Law 32/2019 replaces the previous Council of State Administrative Law provided for in Legislative Decree 55/1959, which dates back to the era of President Gamal Abdel-Nasser.
  • The Council of State was established during the short-lived era of the United Arab Republic when Syria and Egypt were joined together as one country under the leadership of President Gamal Abdel-Nasser.
HISTORICAL CONTEXT
  • The Council of State Administrative Law was enacted against the backdrop of a drawdown of the conflict in Syria and was necessary since the previous one was in need of a replacement given that it was 60 years old.

LAW

Arbitration Law

REFERENCE Law 4/2008
DATE OF PROMULGATION Approved by the People’s Assembly on March 17, 2008
Promulgated by President Bashar Al-Assad on March 25, 2008
RELEVANT PROVISIONS
  • Seeks to adopt international practices by relying on the UNCITRAL Model Law on International Commercial Arbitration.
  • Governs any arbitration conducted in Syria and any international commercial arbitration conducted abroad if the parties agree to apply this Law.
  • Provision is made for the establishment of private arbitration centers in Syria.
  • The parties to an agreement shall be free to determine the law that an arbitral panel may apply.
  • When an award is issued, it is considered final and shall not be subject to appeal but a claim for nullity may be argued where there is evidence of procedural irregularities or public order violations.
  • Syria has also ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
RELATED LEGISLATION
  • Replaces the arbitration provisions contained in Articles 506-534 of the Civil Procedure Code.
HISTORICAL CONTEXT
  • The Arbitration Law was intended to reassure both domestic and foreign investors that Syria was moving more towards a market-based economy after the government declared its intention to shift towards a social market economy in 2005.

LAW

Legal Profession Law

REFERENCE Law 30/2010
DATE OF PROMULGATION Approved by the People’s Assembly on June 28, 2010
Promulgated by President Bashar Al-Assad on July 11, 2010
RELEVANT PROVISIONS
  • Sets out the conditions for individuals to become lawyers and establish offices and firms.
  • The legal profession is mainly restricted to Syrian nationals with some exceptions for Arab lawyers.
RELATED LEGISLATION
  • Replaces Law 39/1981, which previously governed the legal profession.
HISTORICAL CONTEXT
  • This Law was passed as part of continued efforts to modernize the legal profession in line with the economic changes taking place in Syria at the time.