The procedural responsibility of the judge
Abstract
Abstract: A judge may issue a mistake during the course of the case that causes harm to one of the litigants, and out of the seriousness of the role played by the judge, and the success or failure of any judicial system on him, the Iraqi legislator organized the judge’s civil responsibility in the amended Civil Procedure Code under the title “complaint from judges.” This law defines the procedures for complaining to judges and then holding them accountable before the courts, in addition to the existence of other legal systems to hold the judge accountable, such as Judicial Oversight Authority Law No. 29 of 2016, which asks the judge about his grave and non-serious mistake, Based on the foregoing, we have several questions about what is the procedural civil responsibility of the judge and what are the reasons for achieving this responsibility, as well as the nature of this responsibility, and how are the procedures for accountability of the judge, and what are the implications thereof?
References
First: the books
- Ibrahim Habib Saad, Private Judicial Law, Mansha’at al-Maaref: 1975.
- Ahmed Abu Al-Wafa, Theory of Judgments in the Procedure Code, 3rd Edition, Mansha’at Al-Maaref: Alexandria, 1977.
- Elias Sheikhani, The Judge’s Role in Raising Legal Reasons, The Modern Book Foundation: Beirut, 2008.
- Ahmed Abu Al-Wafa, Commentary on the Procedure Code, Al-Wafa Legal Library: Alexandria, 2017
- Ayman Mamdouh Muhammad Al-Fauri, quarreling with judges (a comparative study), 9th edition, Amman House of Culture, 2016.
- Barakat Ali, Al-Wajeez in Explanation of the Civil and Commercial Procedures Law, Edition 1, Dar Al-Nahda Al-Arabiya.
- Hassan Al-Nidani, Judge and Procedural Penalty, New University House: Alexandria, 2009.
- Ramzy Seif, the mediator in explaining the law of pleadings, Dar Al-Nahda Al-Arabiya: Cairo, 1969.
- Reem Al-Butma and Jamil Salem, The Judicial Independence and Human Dignity Initiative, Judicial Responsibility and Judicial Independence, Institute of Law, 2010.
- Saadoun Al-Amiri, Compensation for Damage in Tort Liability, Legal Research Center, Baghdad, 1981.
- Simko Asaad Adham, The Judge’s Civil Responsibility for the Work of His Job, Al Maaref Press, 2017.
Salah Al-Din Al-Nahi, Al-Wajeez in Civil and Commercial Pleadings, National Printing Company: Baghdad, 1962.
Abbas Al-Aboudi, Explanation of the Provisions of the Civil Procedures Law, 1st Edition, Al-Sanhouri Library: Baghdad, 2016.
Abdul Jalil Berto, Explanation of the Code of International and Commercial Procedures, Islamic Printing and Publishing Companies Limited: Baghdad, 1957.
laws
Iraqi Civil Law No. (40) of 1951 and its amendments.
Iraqi Judicial Organization Law No. 160 of 1979.
Judicial Supervision Commission Law No. (29) of 2016.
Iraqi Civil Procedure Law No. 83 of 1969.
Law of the Iraqi Supreme Judicial Council No. (112) of 2012.
