The Faculty of Law discusses expropriation for public benefit: Multiple Frameworks and Unity in Goals

Within the framework of the cultural season of the Faculty of Law, the Graduate Studies Sector held today a symposium on “Expropriation for the Public Benefit: Multiple Frameworks and Unity in Goals,” under the patronage of Prof. Mohamed Diaa Zain El-Abedeen, President of Ain Shams University, and Prof. Ghada Farouk, Vice President of the University for Community Affairs and Environmental Development. The acting Vice President of the University for Postgraduate Studies and Research, Prof. Muhammad Safi, Dean of the Faculty of Law, Prof. Yassin Al-Shazly, Vice Dean of the Faculty for Graduate Studies and Research.

In his speech, Prof. Muhammad Safi, Dean of the Faculty of Law, welcomed the attendees and speakers, led by His Excellency Prof. Ramzi Al-Shaer, Professor of Public Law and former President of Zagazig University, and Prof. Yassin Al-Shazly, Vice Dean of the Faculty for Graduate Studies and Research, Prof. Ezzat Salama, Head of the Civil Law Department.

His Excellency also addressed the definition of expropriation for the public benefit, which is a measure taken by the administration that would forcefully deprive a person of ownership of the property to allocate the property for the public benefit in exchange for fair compensation for the harm he suffers. His Excellency also referred to the use of the title of multiple frameworks, this means that the topic covered is very important, renewed, and modern, and it is not limited to a particular specialization, but rather it can be addressed within the framework of all academic and scientific specializations in faculty, and the meaning of determining ownership and the controls that carry its guarantee are essential to encourage the foreign investor and ensure complete protection for him.

In his speech, Prof. Ramzi Al-Shaer emphasized his happiness to be present at the prestigious Faculty of Law. His Excellency also extended his thanks and appreciation to the Dean of the Faculty, Prof. Muhammad Safi, Prof. Yassin Al-Shazly, for addressing this important topic, and His Excellency addressing the different view of the law of expropriation of intellectual property, and that the law explicitly stipulates that private property shall not be infringed, but it stipulates that it shall be expropriated for the public benefit for the benefit of the state within the narrowest scope and in exchange for fair compensation and controls for compensating citizens in the event of expropriation of their property for the public benefit and establishing projects of public benefit.

His Excellency also addressed the conditions for expropriation and the type of court competent to consider compensation for the illegality of acts of public expropriation, as the determination of public benefit and expropriation can only be based on an administrative decision, and they may be appealed before the administrative judiciary to cancel them for violating the law or for misusing power.

Prof. Yassin Al-Shazly, Vice Dean of the Faculty of Law for Postgraduate Studies and Research noted that property right is a right of society and an inherent human right.

His Excellency also clarified that expropriation does not only include the direct and intentional act by which property is expropriated, such as nationalization but also includes indirect acts, such as tax measures and the withdrawal of licenses, which fundamentally affect the use and value of the investment.

In his speech, Prof. Ezzat Salama, Head of the Civil Law Department, said that the 2014 Constitution guaranteed the citizen the right to own property, or the property right, which is the citizen’s right to sovereignty, and it is a right of great importance to the citizen, and that the exception is expropriation and it should only be done with specific controls and fair compensation paid in advance. His Excellency pointed out that private property has constitutional protection and that no individual may be forced to dispose of his property, but this can be regulated through specific controls and fair compensation.

After the symposium, which witnessed great interaction, the honorable platform received some valuable interventions from the attendees.