82 — Appendix * Quoted from the Judicial Advisor's Report for the Year 1911 Another important reform was discussed at length in the International Commission, but it is unfortunately still pending due to the continued opposition of some countries. This reform is to reduce the number of judges in a single circuit from eight to five in the Court of Appeal and from five to three in the Primary Courts. I explained the subject of this proposal last year, but due to its great importance, I see no harm in reiterating here what was stated and argued for it. This is the history of this matter.

In 1908, the consuls of the countries in Egypt submitted a memorandum to the government regarding the delay in work in the Mixed Courts, the shortage of judges, and the continuous increase in pending cases. The government investigated the matter and concluded that it was necessary to introduce some reforms and improvements to the current system before deciding on the sufficiency or insufficiency of the number of judges. The government's opinion was that the number of judges in a single circuit, currently eight in the Court of Appeal and five in the Primary Courts, is more than necessary and even excessive. It proposed reducing the number to five in the Court of Appeal and three in the Primary Courts. This is not a new idea; it was first proposed by Nubar Pasha to the countries at the outset and was rejected by the Commission that convened in Cairo in 1869 and 1870, on the grounds that the opinion of the "Arab judge" would be decisive if the two foreign judges disagreed. However, this objection can also be applied to a five-member circuit, because if two European judges agree on an opinion, and a European judge agrees with a national judge on another opinion, the decision in the latter case would be based on the national judge. Furthermore, the Court of Appeal itself requested the government in 1878 to introduce this amendment, and the matter was not resolved in the sessions of the International Commission since then. It was discussed based on the government's desire at times and the judges' desire at other times, in 1880, 1884, and 1890. A circular was sent to the countries in 1893, but a solution to this issue has not yet been reached. * This chapter is published verbatim as it appears in the report issued by the Ministry of Justice.