Free litigation and its impact on achieving justice between litigants.

Abstract

This study examines the principle of free access to justice as a fundamental pillar in achieving fairness among litigants, given its essential role in eliminating financial barriers that may prevent individuals from accessing the judiciary. The research aims to clarify the concept of free judiciary and its legal basis, and to analyze its impact on reinforcing the principle of equality before the law and enhancing the right to litigation as a constitutionally guaranteed right. It also discusses the limits of applying this principle in comparative legislations, particularly within Iraqi law, highlighting the justifications for imposing certain judicial fees and the safeguards that ensure the preservation of the core right to access justice. The study concludes that balancing free access to justice with the financial considerations of the judicial system is crucial for ensuring effective and comprehensive justice, while emphasizing the need for legislative policies that support disadvantaged groups and expand judicial exemptions.