Abdul Nabawi targets “constitutional principle”

Mohamed Abdel Nabawi, the managing head of the Supreme Council of the Judicial Authority, directed a correspondent to the first presidents of the various courts of appeal and chiefs of courts – the first degree regarding the issue of guidelines for deciding on cases, in light of the continued to postpone the trial sessions in some of the Kingdom’s courts, for various reasons.

Abdel Nabawi asked the judicial officials to provide him with “reports on each appeal court and its primary courts that include the required observations and proposals under periodic periodical No. 23.37, for the purpose of an objective evaluation of the guidelines and making them useful in litigation procedures and avoiding any dispute between him (the principle of reasonable term) and the rights of the litigants in the fair trial.”

The same source reminded that the same council issued, on December 21, 2023, a decision under the number 7/1244 regarding the determination of the guidelines for the decline in cases, through which it aimed to “download the principle of the reasonable term stipulated in Chapter 120 of the Constitution and the requirements of Article 45 of the Organizational Law No. 106.13 related to the statute of the judges as it has changed and completed.”

The Managing Chairman of the Supreme Council of the Judicial Authority pointed out that “the aforementioned decision aims mainly to confront the substantive reasons that hinder the normal functioning of cases in the courts. Such as repeating the delay of the case several times due to the failure to reach the summons, which requires the judicial administration of the courts to activate the summons of the summons, and requires the judiciary in some cases to carry out appropriate legal procedures.

Among these incurable reasons, according to the same source, “delaying the file several times to deposit the expertise report without the court’s initiative to take appropriate legal measures or delay the ready -made files without unacceptable justification, as well as repeated leisure grants despite the lack of legal or objective reasons for that, or reserve the files circulating without a tribal study for them, then removing them from deliberation and repetition, and other similar cases that lead to waste Judicial time without justification. ”

Abdel Nabawi recalled, as part of the correspondence that Hespress read its content, that “if these reasons are confronted with firmness and effectiveness, the reasons that affect the respect of the reasonable term, which is the right of the parties to the lawsuit, will be avoided according to the provisions of Chapter 120 of the Constitution.”

The same official also stressed that “the reasonable term cannot be achieved at the expense of the terms of the fair trial or the rights of defense, or by violating the ruler procedures. Also, it cannot be done by rushing to study files, which may lead to some unacceptable errors. ”

This issue was raised other than once in recent years, especially during the discussion that was shocked between the judges and Abdel -Latif Wehbe, the Minister of Justice, for more than two years, as the aforementioned government official drew to “the possibility of disciplinary issues of the judges by the Council of the Judicial Authority because of the delay in deciding the files before them.”

Some of the judges were at the time to respond to the government official himself with their indication that “the organization of deciding on cases must be included in the laws of the civil and criminal ruler, and not as stated in a law regulating the work of a constitutional institution”, in reference to the regulatory law No. 100.13 related to the Supreme Council of the Judicial Authority.

The decision of the aforementioned council, issued in 2023, specified the guidelines in the days in relation to civil cases in the courts of appeal and primary courts, as well as the guiding deadlines for restraining cases in the courts of appeal and primary courts, in addition to the guiding deadlines in relation to commercial cases in commercial appeals courts and commercial courts. He also specified the guidelines for administrative cases in administrative appeals courts and administrative courts.