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It is clear that these judges must be free from any possibility of the government being affected. It is wise to abandon the current method, even if the Governor proves its validity, and to resolve the issue with new legislation. A draft law has been prepared that explicitly recognizes the non-removability of judges while maintaining their competence.
53 - International Legislation The International Commission did not meet in 1911, but negotiations took place regarding the projects that the Commission had approved. These negotiations resulted in success in one of the projects, and the Powers agreed to amend Article 12 of the Mixed Civil Code. A new law was enacted to establish a Legislative Assembly with the authority to enact laws applicable to foreigners. These are some of the fundamental provisions of this new law.
The Legislative Assembly shall be composed of the General Assembly of the Court of Appeal, and the senior judge from each of the Powers that agreed to establish the Mixed Courts, and who does not have a counselor in the Court of Appeal, shall be invited. If a counselor cannot attend the Assembly, the senior judge of the national judges of his country shall attend and act in his place. The next senior judge among the absent judges of his country shall act as a substitute for this judge. The Public Prosecutor at the Court of Appeal shall attend this Assembly and express the views of the Egyptian Government and its proposals. At least 15 members must be present for the session to be valid, and a decision shall not be valid unless it receives the approval of two-thirds of the members present. The drafting of projects is the sole right of the Government, but the Assembly has the right to convey its proposals regarding the reform of mixed legislation to the Judicial Council. It should be noted in this regard that the Assembly has the right to "amend and add to mixed laws," but it is not permitted to make any fundamental change to the system of the Mixed Courts and their jurisdiction. Laws approved by the Legislative Assembly shall not be promulgated until three months after the date of their approval. Any Power, even if it has no direct interest in the Egyptian territory, has the right to request, before the expiry of this period, that the project be resubmitted to the Assembly. This condition opens the door to delay and procrastination if a dispute arises between the Egyptian Government and any of the Powers regarding the necessity of enacting a law. The Judicial Counselor summarized the hopes placed in the benefits of this reform in the phrases he quoted from his report, which I agree with, stating: